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AN ACT,ESTABLISHING
MULES and ARTICLEStOB. THE
Ooyernment of the Armies
OF THE
UNITED STATES ;
WITH THE
Regulations of the War Department
RESPECTING THE SAME,
to IVRICH ARE ADDEDf
The several Laws relative to the Arm^ ; the Militiawhen in actual service ; Volunteers j Rangers;Ordnance Department, and the QyARTER Mas-ter's and Cow*MLs&'^kVX»^NER4i?q' Departments.
ALBAKYzPRINTED BT WEBSTERS AND SKINNE&S.
1812,
Index to the Laws. &c. \q\n^
AN ACT for establishing rules and articles for
the government of the armies of the U. States, 1
3
An Act fixing the military peace establishment, 50
Acts in addition thereto, 60
An Act to raise for a limited time an additional
military force, 6
1
Acts supplementary, • 79,86
An act for completing the existing military es-
tablishment, 65
An Act authorizing the President of the UnitedStates to raise certain companies of rangers for
the protection of the frontier of the U. States, 66
Supplementary act, 103
An Act to establish a quarter master's depart-
ment, and for other purposes, 80
An Act to amend the same, 9 6
An Act for the organization of a corps of artificers, 87
An Act authorizing the President to accept and* organize certain volunteer military corps, 75Supplementary act, 104
An Act making further provision for the corps of
engineers, 88
An Act for the better regulation of the ordnance, 9
1
An Act for the more perfect organization of the
army of the United States, 97An Act respecting military bounty lands, 98
Acts making further provision for the army, 94,101
An Act respecting the pay of the army, 103
An Act to regulate the pay of the militia, 105
An Act to provide for calling forth the militia, 108U.
An Act to authorize a detachment from the militia, 1 1 1^General regulations respecting the,army, 37—47Regulation of'tJiijduties\Qf tl^«i-general staff, 47
Respecting waiters, ' •'• ••' 114
Re3pepiii'ig:{fic*af>'^nDv^l pf Sentences ofgehfei'aV courts niaTtial,* '.*.-* 117
Recruiting instructions, 115
Enlistment, oath and receipt, 11 7, 1
8
Form Qf enlistment for volunteers, 1 1
8
INDEX.Note.—In the following Index, where the figures are
separated by a comma, both references pomt to the page ;
but in all other cases, the first figure points to the article
or section.
A A Art. Page.
BSENT without leave, - - 21 18From parade, - - - 44 23
Accused persons, - - - 86 32Rights of, - - - 90 33
Adjutants, their allowance for forage, - 103Adjutant General, rank, pay and emoluments, 4 69
His £issistants, their rank, pay, &c. - ib.
Deputy Adj. Generals, ahd their assistants,
pay, &c. - - - - 2 101His postage to be free, - - 3 102
Age and qualifications of recruits, - - 1 1 54Aids de Camp...maj. generals two, brigadiers one, 69
Their extra pay, - - - 51,62Rations and forage, 70,103
Alarms, false, - - - - 49 24Allowance and extra pay for labor, - 42
Only to be made for actual service, 44To officers and soldiers on discharge, 58f66y75Additional to deranged officers, - 58
Ammunition, punishment for selling, &c. 37 22Appointments by whom made, - 65,101,104Armorers ; 2 masters and 16 men ; pay, &c. 87Arms, penalty for selling, &c. 38 22
Captains accountable for, - 40 23Army, uniform of. President to prescribe, 100 36
Act making further provision for, 94,101For the more perfect organization of, 97Respecting the pay of, - - 103
See Military Peace Entablishment,Arrears of pay not to exceed two months, 54,72Arrest of officers, - - - 77 30
Of soldiers for debt, 5By74t
Arsenals and magazines, keepers to make returns, 8 9.3
Articles of war, act establishing, - 13When to be read and published, - 101 36Troops to be governed by, - - 10 53Mihtia to be governed by, when in service, 97 35
Artillery, officers and soldiers subject to c. martial, 98 36Conductors ofp ;-r\^ qo - 17 B5
4 INDEX., - .
Art. Pafe.
Artillery,two teachers of music to be added tq ea. reg. 1 60Light, may. be mounted, - - 1 79
Officers of allowed forage, - - 1 ib.
To furnish their own horses, 1 ib.
A saddler and farrier to ea. company, 2 ib.
Their clothing, 1 ib.
Twelve drivers to ea. company, 6 95Artificers, a corps of to be organized, 87
How composed, pay, &c. ib.
Attached to qr. m. general's department, ib.
Duty of superintendent of, ib.
Axes and spades, four to each company, 41•
AGGAGE, allowance for transportation of, 42Barrack Masters, by whom appointed, - 2 96Blacksmiths—2 masters and 20 men ; their pay, 6cc. 87
Others to be employed, their pay and rations, 92Boat Builders—2 masters and 16 men ; their pay, &c. 87Bounty to recruits, -. - - 54-,71
On re-enlisting, - - 2 65In money and land, - - 65,71Land, act for surveying, &c. - 98
Brevet, officers to take rank according to, | 61 26Rank, President may grant, - 4 10?
Brigade Majors, their allowance, - 95,103Inspectors and qr. masters, allowance for
forage, - - - 103
CADETS—See Engineers.
Captains, accountable for arms, &c.
Captured stores, _ - _
Carpenters—2 masters, 20 house and 5 ship car-
penters, to be appointed ; their pay, &c.
Carriage Makers to be employed ; pay and rations,
Cavalry, of what number each troop to consist,
See Dragoons.Certificates, false,
Chalk r.ging, to fight a duel, how punished,'
Chaplain, penalty for absenting himself,
To be appointed, his pay, &c.
Oiie to each brigade, pay, &c.
Children of officers—See Officers.
Clothing, regulations Tespecting returns of.
Troops ta be furnished with, -
40 2358 26
87IS, 93
98
14 1725 194 147 65
24 75
4553,63,79
INDEX.Art. Page.
Clothing, soldiers may be supplied at contract prices, 53Penalty for purchasing of soldiers, - 19 57Of light dragoons and light artillery, 79,80By whom to be provided, - - 5 82
Commissary General, and his deputies, - 4 82To give bond, salary, duty, 8cc. - 83,96His further allowance, - - 3 ib.
Compensation for clerks, - - 11 84<
Allowed the privilege of franking letters, 10 83See Ordnance—Musters,
Command and rank, - - - 62 26Compensation for enlisting each recruit, 11 54
To n. c. officers and soldiers when discharged, 64,66To officers and men disabled, &c. 55, 64, 67, 72,77To officers for extra expenses, - 20 74See Pay.
Conductors of artillery—See Artillery.
Confinement, term of, limited, - - 79 31
Contempt of the President of the United States, 5 14Commanding officer, - 6 ib.
Coi-poral punishment by whipping, abolished, 7 95Court martial, - ^ - 66—68 28
For trial of the militia, when in service to
be composed entirely of militia officers, 35,109
Courts mai'tial general, - - 27,28Form of voting in, - - 72 30Challenge, - - - 71 29Officers to be tried by, - - 75 30Who may appoint judge advocate, 21 57Testimony before, how given, - 73 30Provision for officers attending, - 22 58In trials before, depositions ai'jwed, - 74 30Power of officers luthorizing, - 89 32Sentence of, by whom approved, - 27,54,117
Courts of Inquiry, - - 91 33Proceedings, how authenticated, 92 34
Cowardice, &c. how punlsheci, - 52 25And traud to be puolished, - 85 31
Crimes, capital, - - - 33 21Not capital, - - - 99 36
D'EA.TH, sentence of, by court martial, 87 32Spies to suffii;', - - 2 36
Debts under 20 dolls, soldiers not liable to arrest for, 58,74Depositions taken by justices, allowed before c, m. 74 20
A2
6 INDEX.Art. Page.
Deranged officers, allowance to, - - 25 58Desertion, punishment for, - - 18,56,73
Penalty for inticing soldiers to desert, 19 5TDischarge from service, how obtained, - 11 15
Allowance to be made when granted, 58,66,75Disabilities—See Pensions.Divine service, attendance on, - - 2 13Dragoons, light, liable to serve on foot, - 63
Their clothing, - - 1 79One surgeon's mate to be added to regt. of, 98Troops of, number of officers and men each, 4 ib.
Drunkenness, how punished, - - 45 24Duels, punishment for wilfully suffering, - 26 19
Duelling, ----- ib.
Duty, hiring done, how punisked, - - 47 24
PiNLISTMENTS, form of; oath, &c. 15,117,118Premiums to officers for. 11 71
Enemy, relieving, how punished. 56 25Corresponding with, &c. 57 ib.
Engineers, article respecting their duty, &c. 63 27Corps of, to be organized, 26 58Where stationed, - _ - 27 59Principal engineer, Sec. 28 ib.
Promotions in. 26 ib.
Subject to courts martial. 96 35
A teacher of the French and drawing to beattached to, - - - 2 60
One artificer and 18 men to be added to, 3 ib.
Act making further provision for the corps of, 88Eighteen month's men may be enlisted, 86Embezzlements, 8cc. - - 59 22Evidence before courts martial. 73 SO
Jr ALSE alarms, - - - 49 24Certificates, - - - 14 17Musters, - - - - 15 ib.
Returns, - - - - 18 ib.
Farrier, one to each company of light artillery, 2 79Forage masters—their pay, &c. 84,85Forage, fuel, straw, &;c. 40,41
Monies when to be paid in lieu of, 7 52Officers of light artillery allowed, 1 79Allowance for each horse per day, 41
Forcing a safeguard, - - ^ 55 25
INDEX. rArt. Paije
.
Franking letters gtanted to certain officers, 83,102Fraud or cowardice, - - - 85 31Frontiers, see Rangers.Furloughs by whom granted, - - 12 16GGENERALS, two additional to be appointed, 3 62
Seven and their staff, - - 4 69Two additional, - - - 1 101Com'g the U. S. army, allowed a sec'ry, 5 95Staff, regulations of the duties of, 47
Gestures and menacing words, - 7& 30Governor of N. Y. his authority to call out the militia, 113Guardians and parents—See Minors.Gun to be fired at day-break at certain posts, 46
jH ARNESS Makers—See Saddlers.Half pay—See Widows and Pay.Hiring duty performed,, or conniving at, 47, 48 24Hospital Surgeons—See Surgeons.
JInFANTRY of the army, number of regiments5,1 97Companies, of what number to consist, 2 ib.
Inspector General, his rank, pay, &c. 4 69Allowed two assistants, their rank, pay, &c . ib.
Dep. Inspec. Gens, their assistants, pay, &c, 2 101
His postage free. 3 102Sub-inspectors, to be appointed. 3 95Of brigade, allowance for forage. 103
Instructions for recruiting officers, 115
Judge Advocate, and his duty. 69 28Further duty. 3.3,34
Oath, . _ . - 93 ib.
Who may appoint. 21 57One to each division. 19 74
Justice and good order to be preserved. 32 20
IXEEPERS of Arsenals, &c. their duty. 8 93Kettles and tin pans, to be furnished the soldiers. 41
l^ANBS-S-See Bounty.ht. Artillery...See Artillery—Lt.Dragoons...SeeZ)rc^oon«f.
a INDEX.Art. Page*
±\XALT liquor, may be supl'd, instead of spirits, 2 61Magazines, and Arsenals, keepers to make returns, 8 93Master Masons, two be appointed ; their pay, &c. 87Menacing words or gestures, - - 76 30Militia, when in the service of the United States, 97 35
Act respecting pay of, 105For calling forth, - - 108For calling out detachment of 100,000, 111
Of New-York, Governor's authority to orderinto service, 113
Courts martial for trial of, to be composedof militia officers only, - 35,109
Military peace establishment, act fixing, - 50Force, additional, - 61,68,86Establishment to be completed, - 65Stores, by whom provided, - 81 82Law, who subject to, - - 19 85Agents, their duty, - - - 56
Law respecting repealed, 18 85Minors not to be enlisted without consent of parents, 54,71Musters, false, - - - - 15 17
Commissary of, - - 16 ib.
Muster rolls, returns of, - - 13 16Mute or perverse prisoners, - - 70 29Mutiny, Sec. and punishment for not suppressing, 7, 8 14
- --
ON-Cdmmissioned officers—See Soldiers.
New-York, militia of the state of, Governor's au-thority to order them into service, 113OOATHS to be taken, by officers and soldiers, 57,74
^ To be taken by n. c, officers and soldiers, 10 15To be taken by members of courts martial, 69 28To be taken by judge advocate, - 29To be administered to witnesses, 73 30^
To be taken by members and judge advo-cate on court of enquiry, - 93 34
Order and justice, - - - 32 20Organization of the army, act for the more perfect, 97Ordnance, act for the better regulation of, 91
Commissary General, Assistant, Deputies,
and Assistant Deputies, to be appointed
—
their rank, pay, emoluments and duty, 91—95
INDEX. 9
Art. Page.
Officers, to subscribe the articles of war, 77 30Arrest of, - - . 77 soRecruiting, instructions for, - 115
Compensation for extra services, 20 74For each recruit enlisted, - 54
Field and staff of the new army, 68Killed or dying in service, their wi-dows, &c. allowance to, 55,64,67,73
Not to lie out of their quarters, 42 23Oath to be taken by - - 20 57Of artillery, subject to be triedby c. martial,36 35Of militia when in service, - 97 ib.
Serving under any particular state, 98 36Provision for those attending g. c. martial, 22 58Hank, those highest in to command, 62 26
To be fixed by the President, 3 80Redress for wrongs, - - 34 21Term of confinement, - - 79 31Com'ing a guard, &c. to receive and report,
but not to release prisoners, 80—82 ib.
To be tried by court martial, - 75 30Their subsistence, - - 5 52
Estimated, - 23 75Their stationary, regulation respecting, 43To be citizens of the United States, 9 65Unbecoming conduct, - - 83 31Who may die or be killed in service, 94 34Wounded or disabled—See Pensions.
i ARADE, absence from, - - 44 23Parents und guardians—See Minors.Pay of officers and men, - 51,62,70,103
Of engineers, cadets, &c. - 25 58Of the corps of artificers, - S7Of the militia when in service, - 105,112Of the rangers, - - - 3 67And subsistence, - - 7 70Extra and allowance to soldiers, - 44
Arrears of, not to exceed two months, 54,72See Quarter Master General—Ordnance.Half-pay for 5 years allowed to widows and
children of deceased officers, - 15 55For three months to the heirs of soldiers killed, 66
Pay Master of the army, and district pay masters, 16 55
district and regimental, 2 ^'^
10 I N D E 3C.
Art. Page.
Dep. Pay Mast. Gen. 8c assistants, pay, &c. 2 101Peace Establishment—See Military.
'
Penalty for desertion, - - - 20 18For enlisting persons under age, - 1 1 54For purchasing soldiers' clothing, &c. 19 57
Pension list, ivho to be placed on, 55,64,67,72,77Physicians, regulations respecting, - 45Postage of letters of certain officers free, 83,102Posts, abandoned, - - - 52 25Prisoners, officers com*g. guard, &c. to receive, 80—82 31President—See ^fifiointments—Promotion.Promotion, rules respecting, - - 47,98Property maliciously destroyed, - 54 25Provoking speeches, &c. - - 24 19Public stores taken from the enemy, - 58 26Purveyor of public supplies, his office abolished, 9 83
QUARTERS, regulations respecting, - 37
Quitting guard, platoon, &c. - - 50 24Quar. Master General's department, act to organize, 80
Act establishing amended, - 96Rank, pay, duty, &c. - - 81,96,97Deputies and assistants to take an oath, 82
To give bonds, - - 4 96Prohibited dealing in certain articles, 1 ib.
Allowance for clerk hire,
Not accountable for subordinate officers.
To appoint waggon and forage masters.Barrack masters,
His letters free of postage,Dep. Qr. Mas. Gen. pay, duty, oath, bond, 80,81,96,97
In what case additional ones to be appointed, 2 101Asst. D. Q. M. Gen. pay, duty, oath, bond, 80,81,96,97Quarter Master Sergeants, their pay, 103
11 8397
12 842 9610 83
RRANK, - - - - S 80And command, - - - 62 26
Rangers, 6 companies to be raised, - .66Pay, rations, disabilities, &c, - 67Act amending, - - - 103
Ration, description of, - - 52,70Recruits, their bounty, . - - 54,71Recruiting officers, instructions for, - 115Redress, hov obtained, - '_ t 34 21
INDEX. li
_ Art. Page.
Return muster rolls, - - 13 16
Returns, false, - - - 18 17Monthly, .- - - 19 ib.
Relieving an enemy, - - 56 25Regiments—See Military Establishment.
Number of which U. S. infantry is to consist, 97Rules and articles of war, - - 13
Begulatiojjs, general, respecting the army, 57—47Respecting extra pay, &c. for labor, 44
Stationary, - - 43Employment of physicians, 45Returns of clothing, - ib.
Salutes, - - 46
ADDLERS, one to each company of It. artillery, 2 79And Harness makers—2 masters and 12men ; their pay, &c, - S7
Safeguard, penalty for forcing, - - 55 25Salutes, regulation as to, - - 46Secretary allowed to the general commanding the
United States army ; pay, &c. 5 95Sentence of courts martials—See Courts Martial.
Of gen. c. martials, by whom approved, 27,54,117
Soldiers and n. c. officers not to go a mile from camp,4 1 23Not to lie out of their quarters.
When to return to their tents,
Charged with crimes,
Term of confinement,
Who may die or be killed in the service,
their effects to be taken care of, 95 35Their heirs entitled to lands and pay, 66,72,78Allowance to them when discharged, 66,75Wounded or disabled in service—See Pensions.Their bounty on re-enlisting,
May be enlisted for eighteen months.Exempt from arrest in certain cases.
Sleeping on post, punishment for.
Who may be enlisted as.
In case of desertion, liable to serve so as to
complete the full term of enlistment,
Spades and axes, four to each company.Speeches, provoking.Spies, their punishment,Spirits, malt liquor may be supplied in place of,
Staff, general, regulation as to the duties of,
Of the army, - •* -
42 ib.
43 ib.
78 3079 31
2 651 8656!,74
46 2411 54
16 7^41
24 192 362 61
47
50^69
Art. Page.
434041
_ 3936 2258 269 15
3 95ib.
1 138 933 87
418 14
1 603 62
59. 26-31 20
3 13
n i'NDiEX.
Stationary, ordinance relatingto, -
Straw and fuel, requisitions for^
How supplied.
Distribution of, - -
Store keeper and commissary,Stores, public, captured,Striking superiors,
Sub-Inspectors, may be appointed from the line,
Their additional pay.Subscribing articles of war.Superintendents of military stores, their duty,
Of artificers, his duty.
Supplies, regulation as to.
Suppression of mutiny,Surgeon's mates, additional number may be ap-
pointed, - - -
Surgeons and surgeon's mates, additional number;Surrendering posts, &c.Suttlers and suttling, - - 29-
Swearing, or using any profane oath,
1^ TENTS, one to every six men, - 41
V lOLENCE, - - - 51 24Volunteers, act to organize a corps of, - 75
Supplementary, - - 104WWAGGONS, one to each company, - 41Waggon masters, pay, emoluments, &c. 12,13,14 84Waiters allowance for those not taken from the line, 5 102
Number to each officer, and instructions
respecting, ^ - - 114War, rules and ai tides of, - - 13Waste, or malicious destroying of property, - 54 25Watch-word, making it known, - 53 ib.
Wheelwrights, carriage makers j blacksmiths, 91,92Whippmg, number of stripes limited, - 87 32
Abolished, - 7 .9^
Widows and children of officers to be provided for, 55',64,73
Witnesses' oath, - - - 93 34W^ords, menacing, or gestures, - 76 30Wounded—See Pensions,Wrongs, redress for, - - 34 21
RULES AND ARTICLES OFWAR, &c.
AN ACT,For establishing Rules and Articlesfor theGoveminent
of the Armies of the Urdted States.
Sec. l."13E it enacted by the Senate and House of
JS3 Refiresentatives of the United States ofAmerica in Congress assembled^ That from and aft-er
the passing of this act, the following shall be the
rules and articles by which the armies of the UnitedStates shall be governed.Art. 1. Every officer now in the army of the
United States, shall, in six months from the passingof this act, and every officer who shall hereafter bfe
appointed, shall, before he enters on the duties of his
office, subscribe these rules and regulations.
Art. 2. It is earnestly recommended to all offi-
cers and soldiers diligently to attend divine service ;
and all officers who shall behave indecently, or irrev-
erently at any place of divine worship, shall, if com-Tnissioned officers, be brought before a general courtmartial, there to be publicly and severely reprimand-ed by the President; if non-commissioned officer*
or soldiers, every person so offending shall, for his
first offence, forfeit one sixth of a dollar, to be de-
ducted out of his next pay ; for the second offence,
he shall not only forfeit a like sum, but be confined
twenty-four hours ; and for every like offence shall
suffer and pay in like manner ; which money, so for-
feited, shall be applied by the captain or senior officer
of the troop or company, to the use of the sick sol-
diers of the company or troop to which tlie offender
belongs.
Art. 3. Any non-commissiQned oifieer or soldier
14
*ii^ho shall use any profane oath ov execration shall
iiiciir the penalties expressed in the foregoing article;
and a commissioned officer shall forfeit and pay for
each and every such offence one dollar, to be applied
5is in the preceding article.
Art. 4. Every chaplain commissioned in the armyor armies of the United States, who shall absent him-self from the duties assigned him (except in cases of
sickness or leave of absence) shall, on conviction
thereof before a court martial, be fined nOt exceed-
ing one month's pay, besides the loss of his pay dur-
ing his absence ; or be discharged, as the said court
jnartlal shall judge proper.
Art. 5. Any officer or soldier who shall use con-
temptuous or disrespectful words against the Presi-
dent of the United Stales, against the Vice-Presidentthereof, against the congress of the United States,
or against the chief nvagistrate or legislature of anyof the United States in which he may be quartered,
^f a commissioned officer, shall be cashiered, or
otherwise punished as a <:ourt martial shall direct , if
a non-commissioned officer or soldier, he shall suffer
auch punishment as shall be inflicted on him by the
sentence of a court martial.
Art. 6. Any officer or soldier who shall behavehimself with contempt or disrespect towards his
commanding officer, shall be punished according to
the nature of his ofTence, by the judgment of a court
martial.
Art. 7. Any officer or soldier who shall begin, ex-
cite, cause, or join in any mutiny or sedition in any
troop or company in the service of the United States,
or in any party, post, detachment or guard, shall suf-^
fer death, or such other punishment as by a court
martial, shall be inflicted.
Art. 8. Any officer, non-commissioned officer, or
Boldier, who, being present at any mutiny or sedition,
docs not use his utmost endeavour to suppress the
t^mOi ©r coming t« the knowledge of ftny intended
15
mutiny, does not without delay, give informatiou
thereof to his commanding officer,, shall be punished
by the sentence of a court martial with death or oth-
erwise, according to the nature of his offence.
Art. 9. Any officer or soldier who shall strike his
superior officer, or draw or lift up any weapon, or of-
fer any violence against him, being in the execution
of his oflice, on any pretence whatsoever, or shall
disobey any lawful command of his superior officer,
shall suffer death, or such other punishment as shall,
according to the nature of his offence, be inflicted
upon him by the sentence of a court martial.
Art. 10. Every non-commissioned officer or sol-
dier, who shall enlist himself in the service of the
United States, shall, at the time of his so enlisting, or
within six days afterv.ards, have the articles for the
government of the armies of the United States, read
to him, and shall, by the officer who enlisted him, or
by the commanding officer of the troop or companyinto which he was enlisted, be taken before the nextjustice of the peace, or chief magistrate of any city
or town corporate, not being an officer of the army, orwhere recourse cannot be had to the civil magistrate,
before the judge advocate, and in his presence, shall
take the following oath or affirmation : " I, A. B. dosolemnly swear or affirm, (as the case may be) that I
v/ill bear true allegiance to the United States of Amer-ica, and that I will serve them honestly and faithfully
a,gainst all their enemies, or opposers, whatsoever,and observe and obey the orders of the President ofthe United States, and the orders of the officers ap-pointed over me, according to the rules and articles
for the government of the armies of the UnitedStates." Which justice, magistrate, or judge advo-cate is to give the officer a certificate, signifying that
the man enlisted, did take the said oath or affirmation.
Art. 11. After a non-commissioned officer or sol-
dier, shall have been duly enlisted and sworn, he shall
not be dismissed the service without a discharge in
writing; and no discliarge granted lo him shall besufficient, which is not signed by a field otr.cer of theregiment to which he belongs, or commanding ofEcer,
where no field officer of the regiment is present ; andno discharge shall be given to a non-commissionedofficer or soldier, before his term of service has ex-pired, but by order of the President, the secretary of
srar, the commanding officer of a department, or the
sentence of a general court martial ; nor shall acorn-missioned cfllcer be discharged the service, but by or-
der of the President of the United States, or by sen-
fence of a general court martial.
Art. 12. Every colonel, or other oiBcer command-ing a regiment, troop, or company, and actually quar-
tered with it, may give furloughs to non-commission-ed officers or soldiers, in such numbers, and for so long
a time as he shall judge to be most consistent with the
good of the service ; and a captain or other inferior
officer commanding a troop or company, or in anygarrison, fort or barrack of the United States, (hi&
dSeld officer being absent,) may give furloughs to non-commissioned officers or soldiers, for a time not ex-
ceeding twenty days in six months, but not to morethan two persons to be absent at the same time, ex-
cepting some extraordinary occasion should require it.
Art. 13. At every muster, the commanding officer
cf each regiment, troop, or company there present,
shall give to the commissary of musters, or other of-
ficer who musters the said regiment, troop, or com-pany, certificates signed by himself, signifying howlong such officers, as shall not appear at the said mus-ter, have been absent, and the reason of their ab-
sence. In like manner, the commanding officer of
-every troop, or company, shall give certificates, sig-
uifyiug the reasons of tlie absence of the non-com-missioned officers and private soldiers, which rea-
sons, and time of absence, shall be inserted in the
musier-rolls opposite the name of the respective
absent officers and soldiers. The certificate's shall-^
17
together with the muster-rolls, be remitted by the
commissary of musters, or other officer mustering, to
the department of war as speedily as the distance of
the place will admit.
Art. 14. Every officer who shall be convicted^
before a g-eneral court martial, of having signed a
false certificate, relating to the absence of either
officer or private soldier, or relative to his or theii'
pay, shall be cashiered.
Art. 15. Every officer who shall knowingly makea false muster of man or horse, and every officer or
commissary of musters, who shall willingly sign,
direct or allov/ the signing of muster-rolls, whereinsuchfalse muster is contained, shall, upon proof madethereof by two witnesses, before a general court mar-tial, be cashiered, and shall be thereby utterly disabled
to have or hold any office or employment in the ser-
vice of the United States.
Art. 16. Any commissary of musters or othe'j'
officer, who shall be convicted of having taken moneyor other thing, by way of gratification, on the mus-tering any regiment, troop, or company, or on signingmuster-rolls, shall be displaced from his office, andshall be thereby utterly disabled to have or hold anyoffice or employment in the service of the UnitedStates.
Art. it. Any officer who shall presume to mustera person as a soldier, who is not a soldier, shall bedeemed guilty of having made a false muster, andshall suffer accordingly.
Art. 18. Every officer who shall knowingly makea false return to the department of war, or to any ofhis superior officers, authorized to call for such re-turns, of the state of the regiment, troop, or company,or garrison, under hh command.; or of the arms,ammunition, clothing, or other stores thereunto be-longing, shall, on conviction thereof before a courtmartial, be cashiered.
Art. 19. The commanding officer of every re^i-
B 3
as
ment, troop, or independent compariy, or garrison ofthe United States, shall, in the beginning of everymonth, remit through the proper channels, to thedepartment of Avar, an exact return of the regiment,troop, independent company, or garrison, under his
command, specifying the names of officers then ab-sent from their posts, and the reasons for, and thetime of their absence. And any officer who shall
be convicted of having, through neglect or design,omitted sending such returns, shall be punished ac-cording to the nature of his crime, by the judgmentof a general court martial.
Art. 20. All officers and soldiers, who have re-
ceived pay, or have been duly enlisted in the service©f the United States, and shall be convicted of havingdeserted the same, shall suffer death, or such otherpunishment as by sentence of a court martial shall
be inflicted.
Art. 21. Any non-commissioned officer or soldier,
who shall,without leave from his commanding officer,
absent himself from his troop, company, or detach-ment, shall, upon being convicted thereof, be punishedaccording to the nature of his offence, at the discre-
tion of a court martial.
Art. 22. No non-commissioned officer or soldier,
shall enlist himself in any other regiment, troop, orcompany, without a regular discharge from the regi-
ment, troop, or company, in which he last served, onthe penalty of being reputed a deserter, and suffering
accordingly. And in case any officer shall knowinglyreceive and entertain such non-commissioned officer
or soldier, or shall not, after his being discovered to
be a deserter, immediately confine him, and givenotice thereof to the corps in which he last served,the said officer shall by a court martial be cashiered.
Art. 23. Any officer or soldier, who shall be con-
victed of having advised or persuaded any otherofficer or soldier, to desert the service of the UnitedS^tes, shall suffer dftatk, or such other punishmeftt
19
as shall be inflicted upon him by the sentence of a
court martial.
Art. 24. No officer or soldier shall use any re-
proachful or provokini^ speeches or gestures to
another, upon pain, if an officer, of being put in ar-
rest ; if a soldier, confined, and of asking pardon of
the party offended, in the presence of his commandingofficer.
Art. 25. No officer or soldier, shall send a chal-
lenge to another officer or soldier, to fight a duel, or
accept a challenge, if sent, upon pain, if a corn-mis-
sioned officer, of being cashiered ; if a non-com-missioned officer or soldier, of suffering corporal
punishment at the discretion of a court martial.
Art. 26. If any commissioned or non-commission-ed oflicer commanding a guard, shall kncwirgly or
willingly suffer any person whatsoever to go forth to
fight a duel, he shall be punished as a challenger;
and all seconds, promoters and carriers of challenges,
in order to duels, shall be deemed principals, and bepunished accordingly. And it shall be the duty ofevery officer commanding an arm.y, regiment, com-pany, post or deta.chm.ent, who is knowing to achallenge being given, or accepted, by any officer,
non-commis»ioned officer, or soldier, under his com-mand, or has reason to believe the same to be thecase, immediately to arrest and bring to trial suchoffenders.
Art. 2r. All officers, of v>hat condition soever,
have power to part and quell all quarrels, frays, anddisorders, though the persons concerned shouldbelong to another regiment, troop, or company : andcither to order officers into a-rrest, or non-commis-sioned officers or soldiers into confinement, until
their proper superior officers shall be acquaintedtherewith ; and whosoever shall refuce to obey suchofficer (though of an inferior rank) 07 shall draw his
sword upon him, shall be punished at the discretion
©f a general court uiarrle.l.
20
Art. 28. Any officer or soldier, who shall upbraidanother for refusing a challenge, shall himself bepunished as a challenger ; and all officers and sol-
diers are hereby discharged from any disgrace op
opinion of disadvantage, which might arise from their
having refused to accept of challenges, as they will
only have acted in obedience to the laws, and donetheir duty as good soldiers, who subject themselvesto discipline.
Art. 29. No suttler shall be permitted to sell anykind of liquors or victuals, or to keep their houses orshops open for the entertainment of soldiers, after
nine at night, or before the beating of the reveilles,
or upon Sundays, during divine service or sermon,on the penalty of being dismissed from all future
suitling.
Art. 30. All oHJcers commanding in the field,
forts, barracks, or garrisons of the United Slates, arc
hereby required to sec that the persons permitted to
sultle, shall supply the soldiers with good and wholesome provisions, or other articles, at a reasoiirbh;
price, as they sliall be answerable for their neglect-
Art. 3 1 No oflicer commanding in any of the gar
risoiis, forts or barracks of the United States, shall
exact exorbitant prices for Iiouses or stalls let cut to
suttlers, or connive at the like exactions in others ;
nor by his own authority, and for his private advan-tage, lay any duty or imposition upon, or be interested
in the sale of any victuals, liquors, or other necessa-ries of life, brought into the garrison, fort or barracks,
for the use of the soldiers, on the penalty of beingdischarged from the service.
Art. 32. Every officer commanding in quarters,
i^arrisons, or on the march, shall keep good order, andto the utmost of his power, redress all abuses or dis-
orders, which may be committed by any officer or
soldier under his command ; if upon complaint madeto him of officers or soldiers beating, or otherwise ill
treating any person, of disturbing fairs or markets^ or
mof coniTnitting' any kinds of riots, to the disquieting o^'
the citizens of the United States, he, the said com-mander, who shall refuse or omit to see justice donelo the offender or offenders, and reparation made to
the party or parties injured, as far as part of the ojen-dcr's pay shall enable him or them, shall upon proofthereof, be cashiered or punished, as a general court
martial shall direct.
Art. 33. Vv^hen any commissioned oflficeror soldier,
shall be accused of a capital crime, or of having usedviolence, or committed any offence against the per-
sons or property af uiy citizen of any of the UnitedStates, such as is punishable by the known laws ofthe
land, the commanding officer, and officers of everyregiment, troop or company, to v/hich the person or
persons, so accused, shall belong, are hereby requir-
ed, upon application duly made by, or in behalfof the
party or parties injured, to use tlieir utmost endeavG^re
to deliver over such accused person, or persons to
the civil magistrate, and likewise to be aiding and as-
sisting to the officers of justice in apprehending andaecuringthe person or persons so accused, in order to
bring himor them to trial. If any comnaanding ofBccy
or officers, shall wilfully neglect, or shall refuse, uponthe application aforesaid, to deliver over such accusedperson or persons, to the civil magistrates, or to beaiding and assisting to the officers ofjustice in appre-
hending such person, or persons, the cfncer, or of-
ficers, so offending, shall be cashiered.
Art. 34. If any officer shall think himself wrong-ed by his colonel, or the commanding officer of the
regiment, and shall, upon due application being madeto him, be refused redress, he may complain to the
general, commanding in the state or territory where6uch regiment shall be stationed, in order to obtain
justice ; who is hereby required to examine into th*
said complaint, and take proper measures for redress-
ing the wrong complained of, and transmit as soon as
possible, to the department of war, a true state of
such complain tj with the proceedings had thereon.
22
Art. 25. If any inferior officer or soldier, shall
think himself wronged by his captain, or other officer,
he is to complain thereofto the commanding officer
of the regiment, who is hereby required to summon a
regimental court martial, for the doing justice to the
complainant ; from which regimental court martial,
either party may. if he thinks himself still ag^grieved,
appeal to a general court martial. But if, upon a se-
cond hearing, the appeal shall appear vexatious andgroundless, the person, so appealing, shall be punish-ed at the discretion of the said court martiy.l.
Art. 3G. Any commissioned officer, store keeper,
or commissary, who shall be convicted at a general
court martial, of having sold, without a proper orderfor that purpose, embezzled, misapplied, or wilfully,
or through neglect, suffered any of the provisions,
forage, arms, clothing, ammunition, or other military-
stores belonging to the United States, to be spoiled,
or damaged, shall, at his own expense, make goodthe loss or damage, and shall, moreover, forfeit all his
pay, and be dismissed from the service.
Art. 37. Any non-commissioned officer or soldier,
who shall be convicted, at a regimental court mar-tial, of having sold, or designedly, or through neg-lect, wasted the ammunition delivered out to him,to be employed in the service of the United States,
shall be punished at the discretion of such court.
Art. 38. Every non-commissioned officer or sol-
dier, who shall be convicted before a court martial,
of having sold, lost, or spoiled, through neglect, his
horse, arms, clothes, or accoutrements, shall be putunder such weekly stoppages (not exceeding the
half of his pay) as such court martial shall judge suf-
ficient, for repairing the loss or damage ; and shall
suffer confinement, or such other corporal punish-
ment as his crime shall deserve.
Art. 39. ETvery officer, who shall be convictedbefore a court martial, of having embezzled, or mis-
applied any money with which he may haye been en-
23
i-rustcd, for the payment of the men under his <:6m'mand, or for enlistirsr^ men i; to the service, or for
other purposes, if a commissioned officer, shall becashiered, and compelled to refund the money ; if ajion-commissioned officer, shall be reduced to the
ranks, be put under stoppages until the money be madegood, and suffer such corporal punishment as suchcourt martial shall direct.
Art. 40. Every captain of a troop, or company, is
charged with the arms, accoutrements, ammunition,clothing or other warlike stores belonging to the
troop, or company under his command, which he is
to be accountable for to his colonel, in case of their
being lost, spoiled, or damaged, not by unavoidableaccidents, or on actual service.
Art. 41. All non-commissioned officers and sol-
diers, who shall be found one mile from the camp,without leave, in writing, from their commanding of-
ficer, shall suffer such punishment as shall be inflict-
ed upon them by the sentence of a court martial.
Art. 42. No officer or soldier shall lie out of his
quarters, garrison, or camp, without leave from his
superior officer, upon penalty of being punished ac-
cording to the nature of his offence, by the sentenceof a court martial.
Art. 43. Every non-commissioned officer and sol-
dier shall retire to his quarters or tent, at the beating
of the retreat ; in default of which he shall be punish-
ed according to the nature of his offence.
Art. 44. No officer, non-commissioned officer or
soldier, shall fail in repairing, at the time fixed, to
the place of parade, of exercise or other rendezvous,appointed by his commanding officer, if not prevent-
ed by sickness, or some other evident necessity, or
shall go from the said place of rendezvous, withoutleave from his commanding officer, before he shall
be regularly dismissed or relieved, on the penalty of
being punished according to the nature of his offence
by the sentence of a court martial.
24
Akt. 45. Any commissioned officer, who shall befound drunk on his guard, party, or other duty, shall
be cashiered. Any non-commissioned officer or soldier
so offending, shall suffer such corporal punishment as
shall be inflicted by the sentence of a court martial.
Art. 46. Any centinel who shall be found sleeping
upon his post, or shall leave it before he shall be regu-
larly relieved, shall suffer death, or such other punish-
ment as shall be inflicted by the sentence of a court
martial.
Art. 47. No soldier belonging to any regiment,
troop, or company, shall hire another to do his duty for
him, or be excused from duty, but in cases of sick-
ness, disability, or leave of absence ; and every suchsoldier foun.d guilty of hiring his duty, as also the par-
ty so hired to do another's duty, shall be punished at
the discretion of a regimental court martial.
Art. 48. And every non-commissioned officer con-
niving at such hiring of duty aforesaid, shall be re-
duced ; and every commissioned officer, knowing andallowing such ill practices in the service, sha.1] bepunished by the judgment of a general court martial.
Art. 49. Any officer belonging to the service of the
United States, who, by discharp;ing of fire arms,
drawing of swords, beating of drums, or by any other
means whatsoever, shall occasion false alarms, in camp,garrison, or quarters, shall sufl"er death, or such other
punishment as shall be ordered by the sentence of a
general court martial.
Art. 50. Any officer or soldier, who shall, without
urgent necessity, or without the leave of his superior
officer, quit his guard, platoon, or division, shall bepunished according to the nature of his cfieiice, bytlie sentence of a court martial.
Art. 51. No officer or soldier shall do violcrice to
any person who brings provisions or other necessa-
ries to the camp, garrison cr quarters, of the forces of
the United States, employed in any part? cut of the
said states, upon pain of death, or suchothc" punish-
meat as a court martial shall direct.
S5
ARt. 52. Any officer or soldier, who shall niisbe*-
liave himself before the enemy, run away, or shame*fully abandon any fort, post, or guard, which he or
they may be commanded to defend, or speak Avords
inducing others to do the like ; or shall cast away his
arms and ammunition, or who shall quit his post or
colours to plunder and pillage ; every such offender
being duly convicted thereof, shall suffer death, or
such other punishment as shall be ordered by the
sentence of a general court martial.
Art. 53. Any person belonging to the armies ofthe
United States, who shall make known the w^atch-word
to any person who is not entitled to receive it, accord-
ing to the rules and discipline of war, or shall presumeto give a parole or watch-word, different from whathe received, shall suffer death, or such other punish-ment as shall be ordered by the sentence of a generalcourt martial.
Art. 54. All ofiicers and soldiers are to behave'
themselves orderly in quarters, and on their march ;
and whosoever shall commit any waste, or spoil, eith-
er in walks of trees, parks, warrens, fish ponds, hous-es, or gardens, cornfields, enclosures or meadows, orshall maliciously destroy any property whatacever,belonging to the inhabitants of the United States, un-less by order of the then commander in chief of thearmies of the said states, shall (besides such penalties
as they are liable toby law,) be punished according to
the nature and degree of the offence, by the judgmentef a regimental or general court martial.
Art. 55. Whosoever, belongins; to the armies ofthe United States, employed in foicign parts, shall
force a safeguard, shall suffer death.
Art. 56. Whosoever shall relieve the enemy withmoney, victuals, or ammunition, or shall knowinglyharbor or protect an enemy, shall suffer death, oi*
such other punishment as shall be ordered by the sen-tence of a court martial.
Art. 57. Whosoever shall be convicted of holding
26
correspondence with, or giving intelligence to the en-
emy, either directly or indirectly, shall suffer deatit,
or such other punishment as shall be ordered by the
sentence of a court martial.
Art. 58. All public stores taken in the enemy'scamp, towns, forts, or magazines, whether of artille-
ry, ammunition, clothing, forage or provisions, shall
be secured for the service of the United States ; for
the neglect of which the commanding officer is to be
ansv/erable.
Art. 59. If any comms-nder of any garrison, for-
tress or post, shall be compelled, by the officers andsoldiers under his command, to give up to the enemy,or to abandon it ; the commissioned officers, non-com-missioned officers, or soldiers, who shall be convicted
of having so offended, shall suffer death, or such other
punishment as shall be inflicted u}X)n them by the
«entence of a court martial.
Art. 60. Ail suttlers and retainers to the camp,and all persons whatsoever, serving with the armiesof the United States, in tlie field, though not enlisted
soldiers, are to be subject to orders, according to the
rules and discipline of war.
Art. 61. Officers having brevctts, or commissions,of a prior date to those of the regiment in which they
serve, may take place in courts martial and on de-
tachments, when composed of different corps, accord-^
ing to the ranks given them in their brevetts, or dates
of their form.er commissions ; but in the regiment,troop, or company, to which such officers belong, they
shall do duty, and take rank, both in courts martial
and on detachments, which shall be composed only of
their own corps, according to the commissions bywhich they are mustered in the said corps.
Art. 62. If upon marches, guards, or in quarters,
different corps of the army shall happen to join, or doduty together, the officer highest in rank of the line
of tire army, marine corps, or militia, by commissiontliere, on duty, or in quarters, shall command tJic
27
M^hole, and give orders for what is neediul to the se(i>-
vice, unless otherwise specially directed by the Presi-
dent of the United States, according to the nature of
the case.
Art. 63. The functions of the engineers being;
generally confined to the most elevated branch of mil-
itary science, they are not to assume, nor are they
subject to be ordered on any duty beyond the line of
their immediate profession, except by the special or-
der of the President of the United States; but theyare to receive every mark of respect, to which their
rank in the army may entitle them respectively, andare liable to be transferred, at the discretion of the
President, from one corps to another, regard beingpaid to rank.
Art. 64. General courts martial may consist of anynumber of commissioned officers from five to thirteen
inclusively, but they shall not consist of less than thir-
teen, where that number can be convened, withoutmanifest injury to the service.
Art, 65. Any general officer commanding an army,or colonel commanding a separate department, mayappoint general courts martial whenever necessa.ry.
But no sentence of a court martial shall be carried in-
to execution until after the whole proceedings shall
have been la.id before the officer ordering the same,or the officer commanding the troops for the time be-
ing ; neither shall any sentence of a general court
martial, in time of peace, extending to the loss of life,
or the dismission of a commissioned officer, or whichshall, either in time of peace or war, respecting ageneral officer, be carried into execution, until after
the whole proceedings shall have been transmitted to
the secretary of war, to be laid before the Presidentof the United States, for his confirmation or disappro-
val and orders in the case. All other sentences maybe confirmed and executed by the officer ordering the
court to assemble, or the commanding officer for the
time being, as the case may be.
28
Art. 66. V.vevy officer comtnandini^ a regimentsor corps, may appoint, for his own regiment or corps,
courts martial, to consist of three commissioned offi-
cers, for the trial and punishment of offences not ca-
pital, and decide upon their sentences. For the samepurpose all officers, commanding any of the garrisons,
forts, barracks, or other places where the troops con-
sist of different corps, may assemble courts martial,
to consist of three commissioned officers, and decideupon their sentences.
Art, 67. No garrison or regimental court martial
shall have the power to try capital cases, or commis-sioned officers ; neither shall they inflict a fine ex-
ceeding one month's pay, nor imprison, nor put to
hard labor, any non-commissioned officer or soldier,
for a longer time than one month.Art. 6S. Whenever it may be found convenient
and necessary to the public service, the officers of the
maria^ie shall be associated with the officers of the
land forces, for the purpose of holding courts martial
and trying offenders belonging to either ; and in suchcases the orders of the senior officers of either corps
who may be present and duly authorized, shall he re-
ceived and obeyed.
Art. 69. The judge advocate or some person de*
puted by him, or by the general, or officer command-ing the army, detachment, or garrison, shall prose-
cute in the name of the United States, but shall so
far consider himself as counsel for the prisoner, after
the said prisoner shall have made his plea, as to ob-
ject to any leading question to any of the witnesses,
or any question to the prisoner, the answer to whichmight tend to criminate himself; and administer to
each member of the court, before they proceed uponany trial, the following oath, which shall also be ta-
ken by all members of the regimental and garrison
courts martial.** You, A. B. do swear, that you will well and truly
try and determine, according to evidence, the matter
BOW before you, between the United States of A4neri'»
29
ca and the prisoner to be tried, and that you will duly
administer justice, according to the provisions of "anact establishing rules and articles for the governmentof the armies of the United States," without partiali-
ty? favor or affection ; and if any doubt shall arise, not
explained by said articles, according to your consci-
ence, the best of your understanding, and the custom-
of war, in like cases ; and you do further swear, that
you will not divulge the sentence of the court until it
shall be published by the proper authority ; neither
will you disclose or discover the vote or opinion ofany particular member of the court martial ; unless
required to give evidence thereof as a witness, by acourt of justice, in a due course of law. So help, youGocirAnd as soon as the said oath shall have been ad-
ministered to the respective members, the president
of the court shall administer to the judge advocate, or
person officiating as such, an oath in the following
words :
" You, A. B. do swear, that you will not disclose ordiscover the vote or opinion of any particular mem-ber of the court martial, unless required to give evi-
dence thereof as a witness, by a court of justice, in
due course of law. Nor divulge the sentence of the
court to any but the proper authority, until it shall beduly disclosed by the same. So help you God.'*
Art. 70. When any prisoner arraigned before ageneral court martial shall, from obstinate an<;l de-
liberate design, stand mute or answer foreign to the
purpose, the court may proceed to trial and judg-ment as if the prisoner iiad regularly pleaded not
guilty.
Art. 71. When a member shall be challenged bya prisoner, he must state his cause of challenge, of
wliich the court shall, after due deliberation, deter-
mine the relevancy or validity, and decide according-
ly ; and no challenge to more than one member at ft
time shall be received by the court.
C2
so
AiiT. 72. All the members of a court martial at*
to behave with decency and calmness ; and in givingtheir votes, are to begin with the yomigest in com-mission.
Art. 73. All persons who give evidence before acourt martial, are to be examined on oath or affirma-
tion in the following form :
" You swear, or affirm, (as the case may be) theevidence you shall give in the cause now in hearing,shall be the truth, the whole truth, and nothing butthe truth. -S'o kelji ijou God.''
Art. 74. On the trials of cases not capital, before
courts martial, the deposition of witnesses not in the
line or staff of the army, may be taken before somejustice of the peace, and read in evidence
;provided,
the prosecutor a-nd person accused are present at the
taking the same, or are duly notified tliereof.
Art. 75. No officer shall be tried but by a generalcourt martial, nor by officers of inferior rank, if it
can be avoided. Nor shall any proceedings or trials
fee carried on excepting between the hours of eight
in the morning and three in the afternoon, excepting5n cases which, in the opinion of the officer appoint-
ing the court martial, require immediate example.Art. 76. No person whatsoever shall use any me-
jiacing words, signs, or gestures, in presence of acourt martial, or shall cause any disorder or riot, or
disturb their proceedings, on the penalty of beingpunished at the discretion of the said court martial.
Art. 77. Whenever any officer shall be charged'with a crime, he shall be arrested and confined in his
barracks, quarters oi tent, and deprived of his Sword,
by the commanding officer. And any officer whoshall leave his confinement before he shall be set at
liberty by his commanding officer, or by a superior
officer, shall be cashiered.
Art. 78. Non-commissioned officers and soldiers,
charged with crimes, shall be confined until tried bya court iTftartial, or released by proper authority.
51
Art. 79. No ofTiccr or soldier who shall be put in
arrest, s].all continue in confinement more than eight
days, or until such time as a court martial can be as-
sembled.Art. 80. No oTicer commanding a guard, or pro-
vost martial, shall refuse to receive or keep any pris-
oner committed to his charge by an officer belonging
to the forces of the United States ;provided the offi-
cer committing shall, at the same time, deliver an ac-
count in writing, signed by himself, of the crimewith which the said prisoner is charged.
Art. Si. No officer commanding a guard, or pro-
vost martial, shall presume to release any personcommitted to his charge, without proper authority for
$0 doing, nor shall he suffer any person to escape, onthe penalty of being punished for it by the sentence
of a court martial.
Art. 82. Every officer or provost martial, to whosecharge prisoners shall be committed, shall within
iwenty-four hours after such commitment, or as soon
as he shall be relieved from his guard, make report
in writing, to the commanding officer, of their names,their crimes, and the names of the officers vrho com-mitted them, on the penalty of being punished for
disobedience or neglect, at the discretion of a court
martial.
Art. 83. Any commissioned officer convicted be-
fore a general court martial of conduct unbecomingan officer and a gentleman, shall be dismissed theservice.
Art. 84. In cases where a court martial may think
it proper to sentence a commissioned officer to besuspended from command, they shall have power al-
so to suspend his pay and emoluments from the sametime according to the nature and heinousness of theoffence.
Art. 85. In all cases where a commissioned offi-
cer is cashiered for cowardice or fraud, it shall be ad-
ded in the sentence, that the crime, name, anci place
32
of abode, and punishment of the delmquent, be pub-lished in the newspapers, in and about the camp, andof the particular state from which the offender came,or where he usually resides, after which it shall bedeemed scandalous for an officer to associate withhim.Art. 86. The commanding officer of any post or
detachment, in which there shall not be a number of
officers adequate to form a general court martial, shall
in cases which require the cognizance of such a
court, report to the commanding officer of the de-
partment, who shall order a court to be assembledat the nearest post or detachment, and the party ac-
cused with necessary witnesses, to be transported to
the place where the said court shall be assembled.
Art. 87. No person shall be sentenced to suffer
death but by the concurrence of two thirds of a gene-ral court martial, nor except in the cases herein ex-pressly mentioned ; nor shall more than fifty lashes*
be inflicted on any offender, at the discretion of acourt martial ; and no officer, non-commissioned offi-
cer, soldier, or follower of the army, shall be tried a
second time for the same offence.
Art. 88. No person shall be liable to be tried andpunished by a general court martial for any offence
which shall appear to have been committed morethan two years before the issuing of the order for
such trial, unless the person, by reason of having ab-
sented himself, or some other manifest impediment,shall not have been amenable to justice within that
period.
Art. 89. Every officer authorized to order a gene-ral court martial, shall have power to pardon or miti-
gate any punishment ordered by such court, exceptthe sentence of death, or of cashiering an officer ;
which, in the cases" where he has authority (by article
65) to carry them into execution, he may suspend
* Punislunent by stripes or lashes not allowed—see actofcon'gre&s, M#y, 16, 1812.
33
until the pleasure of the President of the UnitedStates can be known; which suspension, together
with copies of the proceedings of the court martial,
the said officer shall immediately transmit to the Pre-
sident for his determination. And the colonel or
commanding officer of the regiment or garrison,
where any regimental or garrison court martial shall
be held, may pardon or mitigate any punishment or-
dered by such court to be inflicted.
Art. 90. Every judge advocate, or person officiat-
ing as such, at any general court martial, shall trans-
mit, with as much expedition as the opportunity of
time and distance of place can admit, the original
proceedings and sentence of such court martial, to
the secretary of war, which said original proceedings
and sentence shall be carefully kept and preserved in
the office of the said secretary, to the end that the
persons entitled thereto may be enabled, upon appli-
cation to the said office, to obtain copies thereof.
The party tried by any general court martial, shall
upon demand thereof made by himself, or by any per-
son or persons in his behalf, be entitled to a copy of
the sentence and proceedings of such court martial.
Art. 9 1 . In cases where the general or command-ing officer may order a court of inquiry to examineinto the nature of any transaction, accusation or im-
putation against any officer or soldier, the said court
shall consist of one or more officers, not exceedingthree, and a judge advocate, or other suitable person
as a recorder, to reduce the proceedings and evi-
dence to writing, all of whom shall be sworn to the
faithful performance of their duty. This court shall
have the same power to summon witnesses as a court
martial, and to examine them on oath. But they shall
not give their opinion on the merits of the case, ex-
cepting they shall be thereto specially required. Theparties accused shall also be permitted to cross ex-
amine, and interrogate the witnesses, so as to investi-
gate fully the circumstances in question.
Art. 92. The proceedings of a court of inquiry
must be authenticated by the signature of the recorder
and the president, and delivered to the commandingofficer ; and the said proceedings may be admitted as
evidence by a court martial, in cases not capital, of
extending to the dismission of an officer, provided
that the circumstances are such, that oral testimony
cannot be obtained. But as courts of inquiry may beperverted to dishonorable purposes, and mo.y be con-
sidered as engines of destruction to military merit,
in the hands of weak and envious commandants, they
are hereby prohibited, unless directed by the Presi-
dent of the United States, or demanded by the ac-
cused.
Art. 93. The judge advocate, or recorder, shall
administer to the members the following oath :
" You shall well and truly examine and inquire, ac-
cording to your evidence, into the matter now before
you, without partiality, favor, affection, prejudice, or
hope of reward. So helji you God.''
After which the president shall administer to the
judge advocate, or recorder, the following oath :
" You, A. B. do swear, that you will, according to
your best abilities, accurately and impartially recordthe proceedings of the court, and the evidence to begiven in the case in hearing. So hel/i you God.'*
The witnesses shall take the same oath as witness-
es sworn before a court martial.
Art. 94. When any commissioned officer shall
die, or be killed in the service of the United States,
the major of the regiment, or the officer doing the
major's duty in his absence, or in any post or garrison
the second officer in command, or the assistant mili-
tary agent, shall immediately secure all his effects or
equipage then in camp or quarters, and sha.ll makean inventory thereof, and forthwith transmit the sameto the office of the department of w^ar, to the end,
that his executors or administrators may receive
the same.
55
Art. 95. When any non-commissioned officer, oi^
soldier, shall die, or be killed in the service of the
United States, the then commanding officer of the
troop, or company, shall, in the presence of two other
commissioned officers, take an account of what effects
he died possessed of, above his arms and accoutre-
ments, and transmit the same to the office of the de-
partment of war ; which said effects are to be ac-
counted for, and paid to th€ representatives of suchdeceased non-commissioned officer, or soldier. Andin case any ol the officers, so authorized to take care
of the effects of deceased officers and soldiers, shouldbefore they have accounted to their representatives
for the same, have occasion to leave the regiment, or
post, by preferment, or otherwise, they shall, before
they be permitted to quit the same, deposit in the
hands of the commanding officer, or of the assistant
military agent, all the effects of such de<:eased non-commissioned off.cers and soldiers, in order that the
same may be secured for, and paid to their respec-
tive representatives.
Art. 96. All officers, conductors, gunners, ma-trosses, drivers, or other persons whatsoever, receiv-
ing pay, or hire, in the service of the artillery or corps
of engineers of the United States, shall be governedby the aforesaid rules and articles, and shall be sub-
ject to be tried by courts martial, in like mannerwith the officers and soldiers of the other troops in the
service of the United States.
Art. 97. The officers and soldiers of any troops
whether militia or others, being mustered and hi payof the United States, shall, at all times, and in all pla-
ces, when joined, or acting in conjunction with the
regular forces of the United States, be governed bythese rules and articles of war, and shall be subject
to be tried by courts martial in like manner with the
officers and soldiers in the regular forces, save only,
that such courts martial shall be composed entirely
of militia officerg*
uArt. 98. All officers, serving by commission (rotA
I] .e authority of any particular state, shall) on all de-
tachments, courts martial, or other duty, wherein
they may be employed in conjunction with the regular
forces of the United States, take rank, next after all
officers of the like grade in said regular forces, not*
\vithstanding the commissions of such militia or state
officers may be elder than the commissions of the of-
ficers of the regular forces of the United States.
Art. 99. All crimes not capital, and all disorders
and neglects which officers and soldiers may be guil-
ty of, to the prejudice of good order and military dis^
cipline, though not mentioned in the foregoing arti-
cles of war, are to be taken cognizance of by a gene*
ral or regimental court martial, according to the na-
ture and degree of the offence, and be punished at
their discretion.
Art. 100. The President of the United States,
Ishall have power to prescribe the uniform of the
army.Art. 101. The foregoing articles are to be read
and published once in every six months, to every gar-^
rison, regiment, troop or company, mustered or to bemustered in the service of the United States, and are
10 be duly observed and obeyed, by all officers andsoldiers who are or shall be in said service.
Sec. 2. ^nd be it further enacted^ That in time of
Vi^ar, all persons not citizens of, or owing allegiance
to the United States of America, who shall be found
lurking as spies, in or about the fortifications or en*
campments of the armies of the United States, or
any of them, shall suffer death, according to the law
and usage of nations, by sentence of a general court
martial.
Sec 3. And be it furflier ertacied, That the rules
and regulations, by which the armies of the United
States have heretofore been governed, and the re-
solves of Congress thereunto annexed, and respect-
ing the same, shall, henceforth, be yoi^ and of no ef^
37
feet, except so far as may relate to any transactions
under them, prior to the promulgation of this act, at
the several posts and garrisons respectively, occupiedby any part of the army of the United Stales.
NATHL. MACON,Sfieaker of the House of Rejirescntativesc
S. SMITH,Preside?it of the Senate^ /iro tetn/iore.
April 10, 1806.
Approved, TH : JEFFERSON.
REGIJ^ATIONS"Of the War Department, to be observed in the allow-
^ ance of barracks or quarters to the officers of the^ army.
To a major general, four rooms and a kitchen.
To a brigadier general, three rooms and a kitchen.
To an aid de camp, one room.To the adjutant general and inspector general,
each, three rooms and a kitchen.
To the quarter master general, three rooms and akitchen ; and for his officers and clerks, two rooms.To each field officer, two rooms and a kitchen.
To a hospital surgeon, the same.To the adjutant aiid inspector, in addition to his al-
lowance as a field officer, one room.To each captain, one room ; when commantiing a
separate post, in addition, a kitchen.
To a surgeon, one room.To two subalterns, one room.To a surgeon's mate, the same as a subaltern.
To a subaltern, when commanding a sepa- ate posCj
in addition, a kitchen.
To every mess of eight officers, one room and a
kitchen.
The officer highest in rank, to have the first choice
of quarters.
D
SB
The foregoing regulations to apply respectively to
all corps, of whatever denomination, belonging to thearmy of the United States.
Regulaticns to be observed in the delivery offuel to
garrisons on the sea board, and recruiting parties
^
south of Virginia and Kentucky.,from the first day
of Oct-ober^ to the frst day of April, in every year.
To a major general, three cords per month.To a brigadier general, two cords and a half per
3fnonth.
To the adjutant general, and inspector general,
each, two cords and a half per month.To the quarter master general, two cords and a
half per month.To the adjutant and inspector, two cords per
month.To each field officer, one and a half cord ; and
Hvhcn commanding a garrison, in addition, half a cord.
To each captain, one cord ; and when commandinga garrison, in addition, half a cord.
To each subaltern, one cord ; and when command*ing a garrison, in addition, half a cord.
To each surgeon, one cord.
To a surgeon's mate, one cord.
To each cadet, half a cord.
To every officer commanding a recruiting party,
one cord of wood per month j but no other allowanceof fuel as an officer in the line.
To every room occupied as barracks hy eight non-commissioned officers, musicians and privates, onecord per month.To a garrison barrack guard, one cord per month.To thft sick in hospital the allowance of wood will
be regulated by the commanding officer and surgeon.
Regulations for delivery offad north of Xorth'CarO'Una and Tennessee,from the first day '^^ October, (9
thefirst day of April, in each yc&r,
¥q a major general, five cords per month.
3^
To a brigadier general, four cords per month.To the quarter master general, four cords per
month.To the inspector general, four cords.
To the adjutant general, four cords.
To each field officer, two cords ; and when com-manding a garrison, in addition, one cord.
To the adjutant and inspector, three cords.
To each captain, one cord and a half and whencommanding a garrison, in addition, one cord.
To each subaltern, one cord and one third ; whencommanding a garrison, in addition, one Cord.
To every surgeon, one cord and a half.
To each surgeon's mate, one cord and one third.
To every officer commanding a recruiting party,
one and a half cord per month ; but no other al-
lowance of fuel as an officer in the line.
To every room occupied as barracks by eight non-commissioned officers, musicians and privates, onecord and a half per month.To a garrison barrack guard, one cord per month
;
and if the weather should be very severe it may beaugmented at the discretion of the commanding offi-
cer, buc not beyond one cord in addition.
To the sick in hospital, the allowance of wood will
be regulated by the commanding officer and surgeon.Whenever coal can be procured, the officer may,
at his option, receive coal in proportion to the cost ofthe wood, in lieu thereof.
To officers and soldiers half of the aforesaid al-
lowances of fuel, from the 1st day of April to the 1st
day of October, in every year.
' No compensation in money to be made in lieu of
allowances of fuel, nor is any compensation to be re-
ceived by or paid to officers in lieu of quarters orbarracks.
Distribution of straw.
One truss of straw, weighing thirty-six pounds, is
allowed for each pallias for two men. At the expira-
40
tion of sixteen days, each palliass is to be refreshed
with eight pounds. At the expiration of thirty-two
days the wiioie straw is to be removed, and a fresh
bedding^of one truss to be furnished ; and so on everysucceeding period of sixteen and thirty-two days.
The same quantity of straw is allowed for servants,
or batmen, not soldiers, or for washer-women, at-
tached to each company, in the proportion of oneVr'ornan to every seventeen men, non-commissionedofficers and privates.
The straw is to be changed for the sick in hospital
as often as may be deemed necessary ; this necessity
to be determined by the surgeon, or surgeon's matein the absence of the surgeon.
There shall be allowed to every two men, when in
barracks, one bed sack, to be returned into store onthe men being ordered away.
Requisitions forfuel and straw.
Requisitions for wood or straw must state the num-ber and rank of the officers, the number of the non-commissioned officers and privates, servants and bat-
men not soldiers, and of Avasher-women, for whomdemanded, and be certified by the commandant of the
garrison, or recruiting party.
No wood or straw shall be drawn for officers, or
wood or straw for soldiers whilst on furlough ; or any.allowance made to them for the same.
Whenever it shall appear that more wood or straw
has been drawn than there v/ere officers, soldiers, ser-
vants or batmen not soldiers, and washer-women ac-
tually present and entitled thereto, the commandingofficer signing such requisition shall be held respon-
sible for the value of the article drawn beyond the
quantity allowed by these regulations, and shall havehis name, and the circumstances of the case, reported
to the secretary of the department of war.
Requisitions thus signed, and the receipts given bythe officers to whom the articles are delivered for
41
consumption, shall be produced as vouchers by the
military, or assistant military agent, or quarter mas-
ter, in the settlement of his accounts.
Regulations respecting certain sufifilies and objects ofsfiecial and extra expense.
The military or assistant military agent, or quarter
master, where a rendezvous is opened in his vicinity
for the recruiting service, shall furnish quarters,
transportation forage, fuel, stravs^, kettles, tin pans
and stationary. But when an officer is not within aconvenient distance of the agent, above mentioned,the recruiting officer shall supply the rendezvouswith quarters, transportation, forage, fuel, straw, ket-
tles, tin pans and stationary ; governing himself as to
quantity by the regulation on the subject, and taking
duplicate receipts of every article of expenditure.
To all horses in actual service, there shall be al-
lowed as forage 14 pounds of hay and 12 quarts of
oats, or, in lieu of the oats, 8 quarts of corn.
There shall be allowed one four-horse waggon to
each company, or a detachment of 100 recruits, for
the conveyance of the officers' baggage and all otherbaggage of the company or detachment. Thereshall be allowed to every six men, one common tent,
one iron camp kettle, or pot, (of four gallons) andtwo tin pans j and to each company, four axes and^
four spades.
As often as any matter which may require any spe-
cial or extra expense, can wait, without material in-
jury to the service, for a communication to, and thedirection of the secretary of war, or the commanderof the army, or of a military district, it is not to beundertaken until such communications and directions
shall have been had.
The military or assistant military agent, or quar-ter master, are primarily charged with making the
dbbursements in the cases above mentioned j whenD2
42
there is no such officer, the agent of the tvar de-partment shall do it. All orders for such disburse-
ments, must be definite and in writing, to be transmit*
ted, with the accounts of them, to the accountant of
the war department : and all disbursements made in
pursuance of these regulations, must be substantia-
ted by such vouchers as shall be prescribed by tlic
«aid accountant.
The foilGiving rates are to govern in the alloivances to
officers for the transfiortation of their baggage^ nvhen
ordered on distant ccinmands :
To a major general, 1250 Ibs^.
at 8 2 per 100 lbs. per 100 miles.
Wo a brigadier general, adjutant general,
inspector general, or quarter mastergeneral, 1000
To a colonel, 750To a hospital surgeon, 750*ro a lieutenant coloneJj 600To a major, 500To a captain, 400To a surgeon, 400To a subaltern, 300To a surgeon's mate, 300I'oacsdet, 200The most direct f^ost^route will regulate the dis-
•£ance, for the amount of transportation, whether per-
•fortned by land or v/ater, unless public transportation
is furnished.
To every officer ordered on general courts martial,
or temporary commands, or on other duties on the
flea board or in the Atlantic states, there will be al-
lowed kim, if he so elect, in lieu of the transporta-
tion of his baggage, his stage hire. It must be un-derstood that no delay is to be made on the road.
Either receipts from the stage offices, or certificates
on honor of the perforcaance of the duty, must heproduced.
43
A further allowance to officers ordered on generalcourts martial and temporary command, or other
duty, of one dollar and twenty-five cents per day to
officers who are not entitled to forage, and one dol-
lar per day to such as shall be entitled to forage,
agreeably to the twenty-second section of the act
fixing the military peace establishment. As a vouch-er for the number of days an officer did sit on a gene-ral court martial, he must produce the certificate of
the president, or judge advocate of the court.
Ordinance regulating and ascertaining' the quantitiea
of stationarij which each officer serving in the armyof the United States shall be entitled to receive an-
nually.
To every officer commanding a separate post, thegarrison of which shall consist of no more than twocompanies, twelve quires of writing paper, and oneblank book of one quire of paper.
To evtry officer commanding a separate post, thegarrison of which shall consist of more than two,and not more than five companies, twenty-four quires
of paper, and a blank book containing two quires ofpaper.
To a major general, thirty-six quires of paper, andthree blank books, each of three quires.
To a brigadier general, twenty-four quires of pa-per, and two blank books, each of three quires.
To the quarter master general, adjutant general,
inspector general, and adjutant and inspector of the
army, each, the stationary necessary in their respec-tive departments.To a colonel eighteen quires of paper, and a blank
book of three quires.
To a lieutenant colonel, twelve quires of paper,and a blank book of two quires.
For the use of every military company, whether in
garrison or otherwise, twelve quires of paper, and atiank book containing two quires of paper.
44
For the use of every other commissioned officer iii
the army of the United States, two quires of letter
paper, with a proportionate allowance of ink, quills
and wafers.
For the use of the assistant military agent or quar-ter master, at every separate post, one blank bookcontaining two quires of paper.
For the use of every officer, and garrison, a propor-tion of other stationary, at the rate of a dozen quills
and as many wafers to each quire of paper ; and a
paper of ink-powder to each six quires.
Regulations resfiecting extra pay and allowance to
soldiei'Sy nvhen ordered on constant laborfor a term7iot less than ten days.
The non-commissioned officers and privates, who2"nay be drawn as artificers to work constantly on for-
tifications, bridges, barracks, roads, or other public
works, for a term not less than ten days, Sundays ex-cepted, shall be allowed, for each day's actual labor,
fourteen cents and one gill of spirits each, in addition
to their pay and rations.
Other non-commissioned officers and privates, notartificers, who shall be drawn for constant labor onfortifications, roads, bridges, barracks, or other pub-lic works, for a term not less than ten days, Sundaysexcepted, shall be allowed for each day's actual labor,
ten cents and one gill of spirits each, in addition to
their pay and rations.
It shall be the duty of the officer commanding any-
such working party, to have a regular account kept,
under his inspection, of every day's work performedby each non-commissioned officer or private ; and to
transmit or deliver, monthly, a fair copy thereof to
the military or assistant military agent of the district
or post in which the labor may be performed ; whichmilitary or assistant military agent will pay, from tlie
money in his hands, or will draw the money on the
said abstracts, and pay the non-commissioned officers
^nd privates conformably Herewith.
45
It is to be understood, that the extra dally pay andallowance is only to be given for actual days' work^and not to be granted when from sickness, or other
causes, the work shall not actually be performed.
Regulations resfiecting the employmeiii of fihysiciang.
In future, no surgeon, surgeon's mate or physician,
not holding an appointment in the army of the UnitedStates, is to be employed on public account, by anyofficer or other personwhatever, to act in the capacity
of surgeon, or surgeon's mate, or physician, for anyman or men attached to the army, unless by special
agreement first entered into, in which the compensa-tion for medical service to be performed, shall bestipulated in writing, either by the day or month.When the services required shall be such as not to
exceed the usual duties, of a surgeon's mate, the com-pensation per month shall not exceed the pay andemoluments of a surgeon's mate.For any number of men not exceeding thirty, the
compensation should not exceed the rate of three
hundred dollars a year inclusive of medicine.In no instance, (extraordinary cases excepted)
should the compensation for medical assistance, for ashorter period than one month, exceed the rate of fourdollars per day, exclusive of medicine. Charges for
medical services, will require certificates of their
having been performed agreeably thereto.
Regulations resfiecting returns of clothing.
It shall be the duty of the commanding officers ofcompanies to make out in December, in each year,
correct returns for the clothing necessary for their
respective companies for the succeeding year, includ-
ing what is on hand fit for service ; also, correct re-
turns of all clothing on hand, noting such as is fit for
use. The said returns to be forwarded, annually bythe first day of January, to the department of A\^arj
46
through the commanding officer of the military post
garrison or encampment, at which the officer, making
the return, is stationed. The commanding officer
of companies shall be responsible for the correctnes;
of their respective returns.
Regulations resjiectin^ salutes.
The national salute shall be conformable to th'
number of states recognized by congress, now eigh
teen.
A national salute shall be fired on a visit to the pos
from the President of the United States, on his land
ing and leaving, and to no other person.
Fifteen guns shall be fired on a visit from the vice
president, the governor of a state, (not a territory,
the secretary of war, secretary of the Ravy, a committee of congress^ or a major general of the armon their landing ; and thirteen guns may be fired to
general officer when inspecting the posts of his dis
trict ; no other rank in the army shall be entitled t
a salute. Previous notice must be given to the commanding officer of the post for the salute to be firec
No salutes shall be fired to foreign ships or vessel
of war but in return, and in every case their salut
shall be returned gun for gun, notice being given.
No salutes shall be fired to public armed vessels (
the United States under the rate of a frigate, and the
only In return, the same number of guns, notice be
ing given.
Each military post on the sea board will fire, i
sun rise, on the morning of the fourth of July, a salut
of thirteen guns, emblematical of the thirteen state;
which were declared independent ; and at one o'cloc
of the same day, a national salute will be fired fror
all the military posts and forts in the United State:
Salutes from the forts at the several posts and i
the harbors shall, as a general rule, be from six t
twelve pounders, and of no higher caliber.
A gun, not exceeding a six pounder, may be fire>
9X day light, each morning, at the following posts, viz
47
Fort Preble, Portland; Fort Constitution, Ports-
mouth, New-Hampshire ; Fort Independence, Bos-ton harbor ; Fort Wolcott, Rhode-Island ; Fort Co-lumbus, New-York; Fort Mifflin, Delaware; FortM'Hcnry, Baltimore ; Fort Nelson, Norfolk ; FortJohnson, South-Carolina ; and Fort St. Charles, New-Orleans.
Rules adopted by the President of the United States^
resfiecting firomotions in the army.
Promotions in the army of the United States shall
)iereafter be made agreeably to the regulations in
force previous to those of the 3d of September, 1799,
which were promulgated in general orders, dated 9th
of that month.Promotions to the rank of captain shall be made rc-
gimentally ; and to the rank of colonel, in the lines of
artillery and infantry, respectively ; the three differ-
ent establishnments being kept distinct.
The officer next in rank will, on the happening of
0, vacancy* be considered, in ordinary cases, as the
proper person to fill the same ; but this rule may besubject to exceptions in extraordinary cases.
The above rules for promotions in the infantry andartillery, are applicable to the cavalry and riflemen.
No officer will consider himself as filling a vacan-
cy, until he receives notice thereof through the de-
partment of war.
ADJUTANT GENERAL'S OFFICE,Washing't07iy May 4, 1812.
RegulatiorCof the duties of the general staff.
THE duties of the general staff are distributed a-
mong the inspector general, the adjutant general, the
quarter m.aster general, the superior officer of artille*
ry, the superior officer of engineers, and the superior
surgeon of the army.
48
tt ^vlll be the duty of the inspector general to orga«
nize the army ; to supermtend and enforce disciplinej
to visit and inspect camps, cantonments, quarters,
prisons, places of arms, and hospitals ; to make stat-
ed and unexpected inspections of troops, arms, equi-
page, clothing, ammunition, and horses ; to make in*
spection returns, and confidential reports relative to
the state and discipline of the army ; to designate menand horses unfit for service, or the fatigues of v»^ar.
that the former may be discharged, or sent to garri-
sons, and the latter sold ; to examine the books of the
quarter masters, pay masters, and companies, andascertain the balances ; to receive inspection returns
and confidential reports ; and to prescribe forms of
returns exhibiting all the wants of the army.It will be the duty of the adjutant general to form
all orders given by the commanding general in a
perspicuous manner ; to forward them with despatch
;
to publish the decisions on the sentences of general
courts martial ; to make out all details for the distri-
bution of service, equally, between the different corps
of the army; to receive the daily and monthly re-
turns, and lay abstracts before the commanding gene-
ral ; to draw up instructions ; to furnish watch-
words ; to give form to the correspondence with
the secretary of war, generals, and staff officers ; to
receive all applications for furloughs, and other par-
ticular requests ; to correspond with relations of sol-
diers ; to preserve orders, instructions, printed docu-
ments, and letters ; to make the monthly return oJ
the army; and to prescribe forms of the" returns ex^
hibiting the strength of corps.
It will be the duty of the quarter master general tc
purchase military stores, camp equipage, and other
articles requisite for the troops, when thereto direct-
ed by the secretary at war ; to procure and provide
means of transport for the army, its stores, artillery,
and camp equipage ; to ensure a supply of provis-
ions, and a regular distribution thereof to the troopsj
49
tb provide artificers aud laborers for the public
works ; to direct marches, and the laying out of en-campments ; to regulate foraging ; to procure intel-
ligence, and make secret disbursements to spies andguides ; to license and regulate suttlers at head quar-
ters ; to make all disbursements for the public ser-
vice ; and when the army goes into quarters, he dis-
tributes them, so that every officer may be convenient
to his command, and that the highest rank may havethe choice of quarters.
The superior officer of artillery will be chargedwith whatsoever relates to the artillery, the park,
laboratory, tools, and ammunition.The superior officer of engineers will be charged
with the department of topography ; to draw plans
of all kinds ; to trace routes ; to direct the formation of
roads and bridges ; to direct the erection of fortifica-
tions and public works ; to keep a roll of the laborers
employed ; to superintend the trenches at sieges ; to
select the posts which are to cover and protect the
camp ; and to make such professional reports andestimates as may be required by the commandinggeneral.
The superior surgeon of the army is charged with
what relates to the preservation of its health ; to en-
sure the necessary supply of medicines and instru-
ments ; to establish stationary and moveable hospi-
tals ; and to have all things necessary for the wound-ed in complete readiness.
It will be the duty of each principal officer of the
staff; to accompany the commanding general in his
reconnoitering excursions, circuits, and reviews ; and
in action, he shall be attended by the inspector gene-
ral, adjutant general, and quartermaster general, whoshall execute such orders as may be given to them»
By command of the Secretary of War,
ALEX. MACOMB, Acting Adjutant Generate
E
MILITAHY LA.WS.
An ACT Jixing the Military Peace Establishment ofthe United States.
Sec. \.BEit enacted by the Senate and House of Refi'resentatives ofthe United States ofAmerica in Congress
assembled^ That the military peace establishment of
the United Sates, from and after the first of June next,
shall be composed of one regiment of artillerists andtwo regiments of infantry, with such officers, military
agents, and engineers, as are hereinafter mentioned.Sec. 2. And be it further enacted, That the regiment
of artillerists shall consist of one colonel, one lieuten-
ant colonel, four majors, one adjutant, and twenty com-panies, each company to consist ofone captain, one first
lieutenant, one second lieutenant, two cadets, four ser-
geants, four corporals, four musicians, eight artificers
and fifty-six privates ; to be formed into five battal-
ions : Provided always, That it shall be lawful for the
President of the United States to retain, with their
present grade, as many of the first lieutenants, now in
service, as shall amount to the whole number of lieu-
tenants required ; but that in proportion as vacancies
happen therein* new appointments be made to the
grade of second lieutenants until their number amountto twenty ; and each regiment of infantry shall consist
of one colonel, one lieutenant colonel, one major, one
adjutant, one sergeant major, two teachers of musi.c,
and ten companies ; each company to consist of one
captain, one first and one second lieutenant, one en-
sign, four sergeants, four corporals, four musicians,
and sixty-four privates.
Sec. 3. And be it further enacted, That there shall
be one brigadier general, with one aid de camp, whoshall be taken from the captains or subalterns of the
line ; one adjutant and inspector of the army, to betaken from the line of field officers ; one pay master of
the army, seven pay masters and two assistants, to be
attached to such districts as the President of the UnitedStates shall direct, to be taken from the line of com-
51
missioned officers, who, in addition to their other du-ties, shall have charge of the clothing of the troops
;
three military agents, and such number of assistant
military agents as the President of the United States
shall deem expedient, not exceeding one to each tnili*
tary post which assistants shall be taken from the line
;
two surgeons, twenty-five surgeon's mates, to be at-
tached to garrisons or posts, and not to corps.
Sec. 4. And be itfurther enacted. That the monthly-
pay of the officers, non-commisBioned officers, musi*cians and privates, be as follows, to wit : to the briga-
dier general, two hundred and twenty-five dollars,
which shall be his full and entire compensation, with-
out a right to demand or receive any rations, forage,
travelling expenses, or other perquisite or emolumentwhatsoever, except such stationary as may be requisite
for the use of his department ; to the adjutant and in-
spector of the army, thirty-eight dollars in addition to
his pay in the line, and such stationary as shall be re-
quisite for his department ; to the pay master of the
army, one hundred and twenty dollars, without any oth-
er emolument, except such stationary as may be re-
quisite in his department, and the use of the public office
now occupied by him ; to the aid de camp, in addition
to his pay in the line, thirty dollars ; toeach pay masterattached to districts, thirty dollars, and each assistant
to such pay master, ten dollars, in addition to his payin the line ; to each military agent, seventy-six dol-
lars, and no other emolument ; to each assistant mili-
tary agent, eight dollars, in addition to his pay in theline, except the assistant military agents at Pittsburghand Niagara, who shall receive sixteen dollars each,in addition to their pay in the line ; to each colonel,
seventy-five dollars ; to each lieutenant colonel, six-
ty dollars ; to each major, fifty dollars ; to each sur-geon, forty-five dollars ; to each surgeon's mate, thirty
dollars ; to each adjutant, ten dollars, in addition to his
pay in the line ; to each captain, forty dollars ; to eachfirst lieutenant) thirty dollars 5 to each second lieuten-
52
ant, twenty-five dollars ; to each ensign,twenty dollars;
fo eachcadet,ten dollars; to each sergeant-major, nine
dollars ; to each sergeant, eight dollars ; to each corpo-
ral, seven dollars ; to each teacher of music, eight dol-
lars ; to each musician, six dollars ; to each artificer,
ten dollars; and to each private, five dollars.
Sec. 5. And be it further enacted^ That the commis-sioned officers aforesaid shall be entitled to receive for
their daily subsistence, the following number of rations
ofprovisions : a colonel, six rations ; a lieutenant colo-
nel, five rations ; a major, four rations ; a captain, three
rations ; a lieutenant, two rations ; an ensign, two ra-
tions ; a surgeon, three rations ; a surgeon's mate, tworations ; a cadet, two rations, or money in lieu thereof,
at the option of the said officers and cadets at the posts
respectively where the rations shall become due ; andif at such post supplies are not furnished by contract,
then such allowance as shall be deemed equitable, hav-
ing reference to former contracts, and the position of
the place in question ; and each non-commissioned of-
ficer, musician and private, one ration ; to the comman-ding officers of each separate post, such additional num-ber of rations, as the President of the United States
shall, from time to time direct, having respect to the
special circumstances of each post ; to the w_omen whoxnay be allowed to any particular corps, not exceed-
ing the proportion of four to a company, one ration
each ; to such matrons and nurses as may be neces-
sarily employed in the hospital, one ration each ; andto every commissioned officer who shall keep oneservant, not a soldier of the line, one additional ration.
Sec. 6. A7id be itfurther enacted, That each ration
shall consist of one pound and a quarter of beef, orthree quarters of a pound of pork, eighteen ounces ofbread or flour, one gill of rum, whiskey, or brandy,and at the rate of two quarts of salt, four quarts of vin-
egar, four pounds of soap, and one pound and a halfof candles, to every hundred rations.
Sec. 7. And be itfurther enoftedy That the following
$3• • • •
officers shall, whenever forage is not furnished by the
public, receive at the rate of the following sums per
month, in lieu thereof ; each colonel, twelve dollars ;
each lieutenant colonel, eleven dollars ; each major,
ten dollars ; each adjutant, six dollars ; each surgeon,
ten dollars; each surgeon's mate, six dollars.
Sec. 8. And be it further enacted^ That every non-
commissioned officer, musician, and private, of the ar-
tillery and infantry, shall receive annually the following
articles of uniform clothing, to wit : one hat, one coat,
one vest, two pair of woollen and two pair linen
overalls, one coarse linen frock and trowsers for fa-
tigue clothing, four pair of shoes, four shirts, two pair
of socks, two pair of short stockings, one blanket, one-Slock and clasp, and one pair of half gaiters ; and the
secretary of war is hereby authorized to cause to befurnished to the pay masters of the respective districts,
such surplus of clothing as he may deem expedient,
which clothing, shall under his direction, be furnished
to the soldiefs, when necessary, at the contract prices,
and accounted for by them out of their arrears of
monthly pay.
Sec. 9. And be itfurther enacted. That the President
of the United States cause to be arranged, the officers,
non-commissioned officeTs, musicians and privates of
the several corps of troops now in the service of the
United States, in such manner as to form and com-plete, out of the same, the corps aforesaid ; and cause
the supernumerary officers, non-commissioned officers,
musicians and privates, to be discharged from the ser-
vice of the United States, from and after the first day
of April next, or as soon thereafter as circumstances
may permit.
Sec. 10. And be itfurther enacted, That the officers,
non-commissioned officers, musicians and privates of
the said corps, shall be governed by the rules and ar-
ticles of war, which have been established by the Uni-ted States in congress assembled, or by such rules and'articles as may be hereafter by law established : Pre-
E2
54
.Tided nevertheless^ That the sentence of general courts
martial, extendmg to the loss of life, the dismission oi:*
a commissioned officer, or which shall respect the gen-
eral officer, shall, with the whole of the proceedings of
such cases, respectively, be laid before the President of
the United States, who is hereby authorized to direct
the same to be carried into execution, or otherwise, as
he shall judge proper.
Sec. 1 1 . ^nd be it further enacted^ That the com-missioned officers who shall be employed in the re-
cruiting service, to J^eep up, by voluntary enlistment,
the corps as aforesaid, shall be entitled to receive, for
every effective able bodied citizen of the United States,
who shall be duly enlisted by him for the term of five
years, and mustered, of at least five feet six inches high>
and between the ages of eighteen and thirty-five years,
the sum of two dollars : Provided nevertheless^ Thatthis regulation, so far as respects the height and age of
the recruit shall not extend to musicians, or to those
soldiers who may re-enlist into the service : And firo-
vided alsOf That no person under the age of twenty-
one years shall be enlisted by any officer, or held in
the service of the United States, without the consent of
his parent, guardian, or master, first had and obtained,
if any he have « and if any officer shall enlist any per-
son contrary to the true intent and meaning of this act,
for every such offence, he shall forfeit and pay the a-
mount of the bounty and clothing which the person so
recruited may have received from the public, to be de-
ducted out of the pay and emoluments of such officer.
Sec. 12, Afid be it further enacted^ That there shall
be allowed and paid to each effective able bodied citi-
zen, recruited as aforesaid, to serve for the term of five
years, a bounty of twelve dollars ; but the payment of
six dollars of the said bounty, shall be deferred until heshall be mustered, and have joined the corps in whichtie is to serve.
Sec. 13. And be it further enacted^ That the said
corps shall be paid in such manner, that th« arrears
55
shall, at no time, exceed two months, unless the cir-
cumstances of the case shall render it unavoidable.
Sec. 14. And be it further enacted^ That if any of-
ficer, non-commissioned officer, musician, or private,
in the corps composing the peace establishment, shall
be disabled by wounds or otherwise, while in the line
of his duty in public service, he shall be placedon the
list of invalids of the United States, at such rate of
pay and under such regulations, as may be directed bythe President of the United States for the time being
:
Provided always^ That the compensation to be allowedfor such wounds or disabilities, to a commissioned of-
ficer, shall not exceed for the highest rate of disabil-
ity half the monthly pay of such officer at the time of
his being disabled or wounded ; and that no officer
shall receive more than the halfpay of a lieutenant co-
lonel ; and that the rate of compensation to non-com-missioned officers, musicians and privates, shall notexceed five dollars per month : And provided also,
That all inferior disabilities shall entitle the person so
disabled to receive an allowance proportionate to thehighest disability.
Sec. 15. A-nd be it further enacted^ That if any com-missioned officer in the military peace establishment
of the United States shall, while in the service of theUnited States, die, by reason of any wound received in
actual service of the United States, and leave a widow,or if no widow, a child or children under sixteen yearsof age, such widovr, or if no widov/, such child or chil-
dren shall be entitled to and receive half the monthlypay to which the deceased was entitled at the time ofhis death, for and during the term of five yeaH. Butin case of the death or intermarriage of such widowbefore the expiration of the said term of five years,
the half pay, for the remainder of the time, shall go to
the child or children of such deceased officer ; Pro'-vided always^ That such half pay shall cease on the
decease of such child or children^
See. 16, And be it further enacted^ That tlie pay
B6
master shall perform the duties of his office, agreeably
to the direction of the President of the United States,
for the time being ; and before he enters on the duties
of the same, shall give bonds, with good and sufficient
sureties, in such sums as the President shall direct, for
the faithful discharge of his said office ; and shall take
an oath to execute the duties thereof with fidelity : and
it shall, moreover, be his duty to appoint from the line,
with the approbation of the President of the UnitedStates, the several pay masters to districts, and assist-
ants, prescribed by this act ; and he is hereby author-
ized to require the said pay masters to districts, andassistants, to enter into bond, with good and sufficient
surety, for the faithful discharge of their respective
duties.
Sec. 17. And be itfurther enacted, That it shall bethe duty of the military agents designated by this act,
to purchase, receive and forward to their proper des-
tination, all military stores and other articles for the
troops in their respective departments, and all goodsand annuities for the Indians, which they maybe direct-
ed topurchase,or which shall be ordered into their care
by the department of war. They shall account with
the department of war, annually, for all the public pro-
perty which may pass through their hands, and all the
iTionies which they may expend in discharge of the
duties of their offices, respectively : previous to their
entering on the duties of their offices, they shall give
bonds, with sufficient sureties, in such sums as the
President of the United States shall direct, for the
faithful discharge of the trust reposed in them ; andshall take an oath faithfully to perform the duties of
their respective offices.
Sec. 18. And be it further enacted.^ That if any non-commissioned officer, musician, or private, shall desert
the service of the United States, he shall, in addition to
the penalties mentioned in the rules and articles of
war, be liable to serve for and during such a period, as
shall, with the time he may have served previous to his
57
desertion, amount to the full term of his enlistment
;
and such soldier shall and may be tried, by a court
martial, and punished,.although the term of his en-
listment may have elapsed previous to his being ap-
prehended or tried.
Sec. \9. And be itfurther enacted^ That every per-
son who shall procure or entice a soldier in the service
of the United States, to desert ; or who shall pur-
chase from any soldier, his arms, uniform clothing, or
any part thereof; and every captain. or commandingofficer of any ship or vessel, who shall enter on board
such ship or vessel, as one of his crew, knowing himto have deserted, or otherwise carry away any suchsoldier, or shall refuse to deliver him up to the orders
of his commanding officer, shall, upon legal convic-
tion, be fined at the discretion of any court having
cognizance of the same, in any sum not exceedingthree hundred dollars, or be iniprisoned any term not
exceeding one year.
Sec. 20. And be itfurther enacted^ That every of-
ficer, non-commissioned officer, musician, and pri-
vate, shall take and subscribe the following oath or
affirmation, to wit: " I, A. B. do solemnly swear or
affirm, (as the case may bej that I will bear true faith
and allegiance to the United States of America, andthat I will serve them honestly and faithfully against
their enemies, or opposers, whomsoever ; and that I
will observe and obey the orders ofthe President ofthe
United States, and the orders of the officers appoint-
ed over me, according to the rules and articles of war.'*
Sec. 21. And be itfurther enacted^ That whenever a
general court martial shall be ordered, the President
ofthe United States may appoint some fit person to act
as judge advocate, who shall be allowed, in addition to
his other pay, one dollar and twenty -five cents for every
day he shall be necessarily employed in the duties of
the said court ; and in cases where the President shall
not have made such appointment, the brigadier gene-
ral or the president of the court may make the same.
58
Sec. 22. jind be it further enacted, That where anycommissioned officer shall be obliged to incur any ex-
tra expense in travelling and sitting on general courts
martial, he shall be allowed a reasonable compensationfor such exti'a expense actually incurred, not exceed-ing one dollar and twenty-five cents per day, to officers
who are not entitled to forage, and not exceeding onedollar per day to such as shall be entitled to forage.
Sec. 25. And be itfurther enacted^ That no non-com-missioned oiBcer, musician or private, shall be arrest-
ed, or subject to arrest>or to be taken in execution for
any debt under the sum of twenty dollars, contractedbefore enlistment, nor for any debt contracted after
enlistment.
Sec. 24. And be itfurther enacted, That wheneverany officer or soldier shall be discharged from theservice, except by way of punishment for any offence,
he shall be allowed his pay and rations, or an equiva-lent in money, for such term of time as shall be suffi-
cient for him to travel from the place of discharge to
the place of his residence, compu'ting at the rate of
twenty miles to a day.
Sec. 25. And be it further eriacted, That to eachcommissioned officer who shall be deranged by virtueof this act, there shall be allowed and paid, in addition
to the pay and emoluments to which they will be eurtitled by law at the time of their discharge, to eachofficer whose term of service in any military corps ofthe United States shall not have exceeded three years,
three months' pay j to all other officers so deranged,one month's pay of their grades, respectively, for
each year of past service in the army of the UnitedStates, or in any regiment or corps now or formerlyin the service thereof.
Sec. 26. And be it further enacted. That the Presi-
dent of the United States is hereby authorized and em-powered,when he shall deem it expedient, to organizeand establish a corps of engineers, to consist of one en-gineer with the pay, rank and emoluments of a major
;
two assistant engineers, with the pay, rank and emolu-
59
Xnents of captains ; two other assistant engineers, withthe pay, rank and emoluments of first lieutenants ;
two other assistant engineers, with the pay, rank andemoluments of second lieutenants ; and ten cadets,
with the pay of sixteen dollars per month, and two ra-
tions per day ; and the President of the United States
is, in like manner authorized, when he shall deem it
proper, to make such promotions in the said corps,
with a view to particular merit, and without regard to
rank so as not to exceed one colonel, one lieutenant
colonel, two majors, four captains, four first lieuten'
ants, four second lieutenants, and so as that the num-ber of the whole corps shall, at no time, exceed twen-ty officers and cadets.
Sec. 27. And be it further enacted^ That the said
corps when so organized, shall be stationed at WestPoint, in the state of New-York, and shall constitute amilitary academy; and the engineers, assistant engin-
eers, and cadets of the said corps, shall be subject, at
all times, to do duty in such places, and on such ser-
vice, as the President of the United States shall direct.
Sec. 28. And be itfurther enacted^ That the princi-
pal engineer, and in his absence, the next in rank,
shall have the superintendence of the said military a-
cademy, under the direction of the President of the U-nited States ; and the secretary ofv/ar is hereby author-
ized, at the public expense, under such regulations as
shall be directed by the President of the United States,
to procure the necessary books, implements and ap*
paratus for the use and benefit of the said institution.
Sec. 29. And be itfurther enacted^ That so much of
any act or acts, now in force, as comes v/ithin the pur*
view of this act, shall be, and the same is hereby re-
pealed ; saving, nevertheless, such parts thereof, as re-
late to the enlistments or term of service of any of tlie
troops, which, by this act, are continued on the pres>^
ent military establishment of the United States.
Approved, i6th March, 180^.
6(5
An ACT in addition to an Act, entitled " An Actjiocing
the Military Peace Establishment of the United States.
Sec. 1 . Be it enacted by the Senate and House ofRefire-
sentatives ofthe United States ofAmerica in Congress as-
sembled^ That there be added to Mie regiment of artil-
lerists, two teachers of music, whose pay, rations andclothing, shall be the same as is by law allowed to the
teachers of music in the regiments of infantry in the
service of the United States.
Sec. 2. And be itfurther enacted. That the President
of the United States be and he is hereby authorized to
appoint one teacher of the French language, and oneteacher of drawing, to be attached to the corps of engi-
neers, whose compensation shall not exceed the payand emolument of a captain in the line of the army.
Sec. 3. And be it further enacted, That the com-manding officer of the corps of engineers, be authoriz-
ed to enlist for a term, not less than three years, oneartificer, and eighteen men, to aid in making practical
experiments and for other purposes ; to receive the
same pay, rations and clothing as are allowed to the
artificers and privates, in the army of the United States
;
and the same bounty when enlisted for five years ; andto be subject to the rules and articles of war.
Approved, 28th February, 1803.
An KCT in addition to ^^ An Actforfixing the Military
Peace Establishment of the United States^
Sec. 1. Be it enacted by the Senate and House of Refi-*
resentatives of the United States ofAmerica in Congress
assembled, That there shall be appointed in addition to
the surgeons' mates provided for by the '' act fixing the
military peace establishment of the United States," as
many surgeons* mates, not exceeding six, as the Pres-
ident of the United States may judge necessary, to be
attached to the garrisons or posts agreeable lo the pro*
vision^s of the said aet^
61
Sec. 2. And be itJurther enacted, That an equivalentin malt liquor or low wines, may be supplied the troopsof the United States, instead of the rum, whisky, orbrandy, which by the said act is made a componentpart of a ration, at such posts and garrisons, and at
such seasons of the year, as, in the opinion of the Pre-sident of the United States, may be necessary for the
preservation of their health.
NATHL. MAGON,Sfieaker of the House ofRefireseniatives*
JESSE FRANKLIN,President of the Senate pro tempore.
March 26, 1804.
Approved, TH : JEFFERSON.
^in ACT to raisefor a limited Time^ an additional Milita-
ry Force-
Sec. I. Be it enacted by the Senate and House ofRepre-sentatives of the United States ofAmerica in Congressassembled^ 1 hat, in addition to the present military es-
tablishment of the United States, there be raised five
regiments of infantry, one regiment of riflemen, oneregiment of light artillery, and one regiment of light
dragoons, to be enlisted for the term of five years, un-less sooner discharged.
Sec. 2. And be it further enacted, That the said regi-
ments of infantry, riflemen and artillery, shall consist
often companies each, and the regiment of light dra-
goons of eight troops ; and the field and staff officers ofeach regiment, of one colonel, one lieutenant colonel,
one major, one adjutant, one quarter master, one paymaster, one surgeon, one surgeon's mate, one sergeant
major, one quarter master sergeant, two principal mu-sicians, and for the regiment of lip ht dragoons, one ri-
ding master ; each company of infantry and riflemen
to consist of one capiaii). one first and one s«-cond lieu-
tenant, one ensign, two cadets, four sergjeants, four cop-
F
62
porals, two musicians, and sixty-eight privates ; eachcompany of artillery of one captain, one first and onesecond lieutenant, two cadets, four sergeants, four cor-
porals, two musicians, eight artificers, and fifty-eight
matrosses ; and each troop of light dragoons of one cap-
tain, one first and one second lieutenant, one cornet,
two cadets, four sergeants, four corporals, two musi-cians, one saddler, one farrier, and sixty-four privates.
Sec. 3. And be itfurther enacted^ That when, in the
opinion of the President of the United States, a suita-
ble proportion of the troops authorized by this act shall
be raised, there may be appointed two additional briga-
dier generals, who shall be entitled to one aid decamp each, to be taken from the subalterns of the line;
two brigade inspectors, and two brigade quarter mas-ters ; and such number of hospital surgeons, and sur-
geon's mates, as the service may require, but not ex-ceeding five surgeons and fifteen mates, with one stew-
ard, and one ward master to each hospital : the brigade
inspectors appointed under this act shall be taken fromthe line ; and the brigade quarter masters, the adju-
tants, regimental quarter masters and pay masters,
from the subalterns of the line.
Sec. 4. And be itfurther enacted^ That the compen-sation ofthe officers, cadets, non-commissioned officers,
musicians, artificers and privates, authorized by this
act, shall be, viz ; to each brigadier general, one hun-dred and four dollars per month, twelve rations per day,
or an equivalent in money, and sixteen dollars permonth for forage, v/hen not furnished by the public
;
each brigade inspector, thirty dollars per month, in ad-
dition to his pay in the line ; each brigade quarter mas-ter and aid de camp, twenty dollars ; and each adjutant,
regimental quarter master and pay master, ten dollars
per month, in addition to their pay in the line, and to
each six dollars per month for forage, when not fur-
nished as aforesaid ; each hospital surgeon, seventy-
five dollars per month, six rations per day, or an equiv-
63
alent in money, and twelve dollars per month for for-
age, when not furnished as aforesaid ; each hospital
surgeon*s mute, forty dollars per month, two rations per
day, or an equivalent in money, aad six dollars por
month for forage, when not furnished as aforesaid ;
each hospital steward, twenty dollars per month and
two rations per day, or an equivalent in money ; each
ward master, sixteen dollars per month and two rations
per day, or an equivalent in money ; to the colonel of
light dragoons, ninety dollars per month, six rations
per day, and forage for five horses ; to the lieutenant
colonel of light dragoons, sevcnly-five dollars per
month, five rations per day, and forage for four horses;
to the major of light dragoons, sixty dollars per month,
four rations per day, and forage for four horses; to each
captain of light dragoons, fifty dollars per month, three
rations per day, an.d forage for three horses ; to eachlieutenant of light dragoons, thirty-three and one-third
dollars per month, two rations per day, and forage for
two horses ; to each cornet of light dragoons, twenty-
six and two-thirds dollars per month, two rations perday, and forage for two horses ; to the riding master,
twenty-six and two-thirds dollars per month, two rations
per day, and forage for two horses ; each saddler andfarrier, ten dollars per month, one ration per day, anda suit of uniform clothing, annually ; and all other offi-
cers, cadets, non-commissioned officers, musicians, ar-
tificers and privates, authorized by this act, shall receive
the like pay, clothing, rations, forage and other emolu-ments, as the officers^ cadets, non-commissioned offi-
cers, musicians, artificers and privates of the presentmilitary establishment : Provided^ The officers andriding master furnish their own horses and accoutre-
ments, and actually keep in service the aforesaid num-ber of horses, to entitle them to the aforegoing allow-
ance for forage, or its equivalent in money : Andfirovid-
ed also, That the whole or any part of the regiment of
light dragoons shall be liable to serve on foot as light
infantry, until, by order of the Pre ident of the United
64
States, horses and accoutrements shall be provided to
equip the whole or any part thereof ab mounted dra-
goons.
Sec. 5. And be itfurther enacted, That the officers,
cadets, non-commisbioned officers, musicians, artificers
and privates, raised pursuant to this act, shall be enti-
tled to the like compensation in case of disability bywounds and otherwise incurred in the service, as theofficers, cadets, non-commissioned officers, musicians,
artificers and privates in the present military establish-
ment, and with them shall be subject to the rules andarticles of war which have been established; or may behereafter by law [be] established ; And that the provi-
sions of the acr, entitled " An act fixing the military
peace establishment of the United States,'* relative to
the widow, child or children ofany commissioned offi-
cer who sball die, while in the service of the UnitedStates, by reason ofany wound received in actual service
of the United States, to courts martial, the regulation
and compensation of recruiting officers, the age, size,
•qualiiications and bounties of recruits, arrears of pay,
the bonds and duties of pay masters, penalties for deser-
tion, punishment of persons who shall procure or en-
tice any soldier to desert, or shall purchase from any
, soldier his arms, uniform clothing, or any part thereof;
and the punishment of any commanding officer of any
ship or vessel who shall receive on board of his ship or
vessel, as one of his crew, knowing him to have deserted,
or otherwise carry away any such soldier, or shall
refuse to deliver him up to the orders of his command-ing officer ; to the oath or affirmation to be taken and
subscribed by officers, non-commissioned officers, mu-sicians and privates; to the allowance for extra expense
40 any commissioned officer in travelling and sitting on
(general courts martial; to arrests of non-commissioned
officers, musicians and privates for debts • to soldiers
-discharged from service, except by way ofpunishment,
-shall be in force and applied to all persons, matters
things within the intent and meaning of this act, in^
s an(^
1
65
same manner as if they were inserted at large in the
same.Sec. 6. And be it further enacted^ That the subsis-
tence of the officers of the army when not received
in kind, shall be estimated at twenty cents per ration.
Sec. 7. And be itfurther enacted^ That there shall be
appointed to each brigade one chaplain, who shall be
entitled to the same pay and emoluments as a major
in ihe infantry.
Sec. 8. And be it further cr.acted^ That in the recess
of the senate the President of the United States is
hereby authorised to appoint all or any of the officers,
other than the general officers, proper to be appointed
under this act, which appointments shall be submitted
to the senate at the next session, for their advice and
consent.
Sec. 9. And be itfurther enacted^ That every com-missioned and staff officer to be appointed in virtue of
this act, shall be a citizen of the United States, or someone of the territories thereof.
J. B. VARNUM,Speaker of the House of Rejiresentatives*
GEO. CLINTON,Vice-President of the United States^ and
President of the Senate.
April 12, 1808.
Approved, TH : JEFFERSON.
An ACT for completing the existing Military Eatab^
lishment.
Sec. K Be it enacted by the Senate and House of Refi'
resentatives of the U^iited States of America in Con-gress assembled, That the military establishment, as nowauthorised by law, be immediately completed.
Sec. 2. And be it further enacted. That there beallowed and paid to each effective, able bodied man,
F 2''
66
Tec raited or re- enlisted for that service, for the terra
of five years, unless sooner discharged, the sum of
sixteen dollars ; but the payment ot one half of thesaid bounty shall be deferred until he shall be mus-tered and have joine'd the corps in \vhich he is to
serve; and whenever any non-commissioned officer
or soldier shall be discharged from the service, whoshall have obtained from the commanding officer of
his company, battalion or regiment, a certificate that
he had faithfully performed his duty whilst in service,
he shall moreover be allowed and paid, in addition to
the aforesaid bounty, three month's pay and one hun-dred and sixty acres of land ; and the heirs and rep-
resentatives of those non-commissioned officers op
soldiers, who may be killed in action, or die in the
service of the United States, shall likewise be paid andallowed the said additional bounty of three month'spay, and one hundred and sixty acres of land, to be de-
signated, surveyed and laid off at the public expense,in such manner and upon such terms and conditions,
as may be provided by law.
H. CLAY,Speaker of the House of Rejirestntatives,
GEO. CLINTON,Tice-Fresident of the United Spates, and
President of the Senate.
December 24, 181 1.
Approved, JAMES MADISON.
An ACT authorizing the President of- the United States
to raise certain Comfianies of Rangersfor the Protec-tion of the Frontier of the United States.
Sec. 1. J3e it enacted by the Senate and House of JRe/i-
rcaentatives of the United States of Jmerica in Congressassembled, That the President of the United States,
whenever he shall have satisfactory evidence of theactual or threatened invasion of any state or territory
67
of the United States, by any Indian tribe or tribes, be,
and he is hereby authorized to raise, either by the
acceptance of volunteers or enlistmet for one year,
unless sooner discharged, as many companies as he
may deem necessary, not exceeding six, who shall
serve on foot or be mounted, as the service in his
opinion may require, shall act on the frontier as ran-
gers, be armed, equipped and organized in such man-ner, and be under such regulations and restrictions, as
the nature of the service in his opinion may makenecessary.
Sec. 2. And be it further enacted. That each of the
said companies of rangers shall consist of one captain,
one first, one second lieutenant, one ensign, four ser-
geants, four corporals, and sixty privates.
Sec. 3. And be it further enacted^ That when the
said rangers arm and equip themselves and provide
their own horses, they shall be allowed each one ^dollar
per day, and without a horse seventy-five cents perday, as full compensation for their services, rations or
forage, as the case may be. The commissioned offi-
cers shall receive the same pay and rations as officers
of the same grade in the army of the United States.
Sec. 4. And be it further enacted^ That the officers,
non-commissioned officers and privates, raised pursu-
ant to this act, shall be entitled to the like compensa-tion in case of disability, by wounds and otherwise, in-
curred in the service, as officers, non-commissionedofficers and privates in the present military establish-
ment, and with them shall be subject to the rules andarticles of war, which have been established or mayhereafter by law be established ; and the provisions of
the act, entitled " An act fixing the military peace es-
tablishment of the United States,'* so far as they maybe applicable, shall be extended to all persons, matters
and things within the intent and meaning of this act,
in the same manner as if they were inserted at large in
Ihe same. This act shall take effect and be in force
68
from and after the passage thereof, and continue in
force for one year, and from thence to the end of the'
next session of congress.
Sec. 5. And be it further enacted^ That in the recess
of the senate, the President of the United States is
hereby authorized to appoint all the officers proper to
be appointed under this act ; which appointments shall
be submitted to the senate at their next session for
their advice and consent.
H. CLAY,S/ieaker of the House of Represeyitatives.,
GEO. CLINTON,Vice-President of the United States, and
President of the Senate,
January 2, 1812.
'Approved, JAMES MADISON.
An ACT to raise an additional Military Force.
Sec. 1 . Be it enacted by the Senate and House of Refi-resentatives of the United States of America in Con-gress assembled. That there be immediately raised, ten
regiments of infantry, two regiments of artillery, andone regiment of light dragoons, to be enlisted for the
term of five years unless sooner discharged.
Sec. 2. And be itfurther enacted. That a regimentof infantry shall consist of eighteen captains, eighteenfirst lieutenants, eighteen second lieutenants, eighteenensigns, seventy-two sergeants, seventy-two corporals,
thirty-six musicians, and eighteen hundred privates,
which shall form two battalions, each of nine com-panies. A regiment of artillery shall consist of twen-ty captains, twenty first lieutenants, twenty secondlieutenants, forty cadets, eighty sergeants, eightycorporals, one hundred and si^iy artificers, forty mu-sicians, and fourteen hundred and forty privates,
which shall form two battalions, each of ten compa-nies. The regiment of caralry shall consist of twelve
69
captains, twelve iirst lieutenants, twelve secondlieur
tenants, twelve cornets, twenty-four cadets, forty-
ctght sergeants, forty-eight corporals, twelve saddlers,
twelve farriers, tv/elve trumpeters, and nine hundredand sixty privates, which shall form two battalions,
each of six companies.
Sec, 5. j^nd be it further enacted^ That to each re-
giment raised under this act, whether of infantry,
artillery or light dragoons, there shall be appointed
one colonel, two lieutenant colonels, two majorK, twoadjutants, one quarter master, one pay master, onesurgeon, two surgeons' mates, two sergeant majors,
two quartor master sergeants and two senior musi-cians.
Sec. 4. Jnd he itfurther enacted^ That there shall
be appointed two major generals, each of whom shall
be allowed two aids, to be taken from the commis-sioned officers of the line : and five brigadier gene-
rals, each of whom shall be allowed a brigade majorand an aid, to be taken from the captains and subal-
terns of the line ; and there shall also be appointed
one adjutant general and one inspector general, each
with the rank, pay and emoluiTjcnts of a brigadier
general ; the said adjutant general shall be allowed
one or more assistants, not exceeding three, to be
taken from the line of the army, v/ith the same payand emoluments as by this act are allowed to a lieute-
nant colonel ; the said inspector general shall be al-
lowed two assistant inspectors, to be taken from the
line of the army, each of whom shall receive, while
acting in said rapacity, the same pay and emolumentsas by this act are allowed to a lieutenant colonel ;
there shall also be appointed such number of hospital
surgeons and mates as the service may require, with
one Stewart to each hospital.
Sec. 5. And be it further enacted^ That when an
officer is detached to serve as brigade major or aid,
or as assistant to the adjutant general or inspector
general, on the appointment of a general officer, or
as adjutant or qu?\rtei' master on the appointment of a
colonel, he shall not thereby lose his rank.
Sec. 6. And he it furthsr enacted^ That the major
generals respectively shall be entitled to two hundred
dollars monthly pay, with twenty dollars allowance
for forage, monthly, and fifteen rations per day.
Their aids de camp shall each be entitled to twenty-
four dollars monthly, in addition to their pay in the
line, and ten dollars monthly for forage, and four ra-
tions. The brigadier generals, respectively, shall be
entitled to one hundred and four dollars monthly pay,
twelve rations per day, and sixteen dollars per monthfor forage, when not found by the public.
Sec. 7. And be it further enacted^ That all other
officers, cadets, non-commissioned officers, musicians,
artificers and privates, authorized by this act, shall
receive the like pay, forage, rations, clothing, andother emoluments, as the officers of the same gradeand corps, cadets, non-commissioned officers, musi-cians, artificers and privates, of the present military
establishment.
Sec. 8. And be itfurther enacted^ That each ration
shall consist of one pound and a quarter of beef, orthree quarters of a pound of pork, eighteen ounces of
bread or flour, one gill of rum, whisky or brandy ;
and at the rate of two quarts of salt, four quarts ofvinegar, four pounds of soap, and one pound and ahalf of candles, to every hundred rations.
Sec. 9. And be itfurther enacted^ That every non-commissioned officer, musician and private of the ar-
tillery and infantry, shall receive annually the follow-
ing articles of uniform clothing, to wit: one hat, onecoat, one vest, two pair of woollen and two pair of lin-
en overalls, one coarse linen frock and trowsers for
fatigue clothing, four pair of shoes, four shirts, twopair of socks, two pair of short stockings, one blanket,
one stock and clasp, and one pair of half gaiters :
And the secretary of war is hereby authorized to
cause to be furnished to the pay masters of the rc»
71
spective districts, such surplus of clothing as he maydeem expedient, which clothing shall, under his di-
rection, be furnished to the soldiers, -when necessary,
at the contract piices, and accounted for by them outof their arrears of monthly pay.
Sec. 10. yind be it further enactedy That the of-
ficers, non-commissioned officers, musicians and pri-
vates of the said corps, shall be governed by the rules
and articles of war, which have been established bythe United States in congress assembled, or by suchrules and articles as may be hereafter, by law,. estab-
lished.
Sec. 11. And be it further enacted^ That the com-missioned officers who shall be employed in the re-
cruiting service, shall be entitled to receive for every
effective able bodied man, who shall be duly enlisted
by him for the term of five years, and mustered, (and
between the ages of eighteen and forty-five years) the
sum of two dollars : Provided nevertheless^ That this
regulation, so far as respects the age of the recruit,
shall not extend to musicians or to those soldiers whomay re-inlist in the service ; And iirovided also, Thatno person under the age of twenty-one years shall be
enlisted by any officer, or held in the service of the
United States, without the consent, in writing, of his
parent, guardian or master, first had and obtained, if
any he have ; and if any officer shall enlist any per-
son contrary to the true intent and meaning of this
act, for every such offence he shall forfeit and pay the
amount of the bounty and clothing which the person
so recruited may have received from the public, to bededucted out of the pay and emoluments of such of-
ficer.
Sec. 12. And be itfurther enacted. That there shall
be allowed and paid to each effective able bodied man,recruited as aforesaid, to serve for the term of five
years, a bounty of sixteen dollars ; but the paymentof eight dollars of the said bounty shall be defer-
red until he shall be mustered, and have joined
some military corps of the United States for service.
And whenever any non-commissioned officer or sol-
dier shall be discharged from the service* who shall
have obtained fom the commanding officer of his
company, battalion or regiment, a certificate that hehad faithfully performed his duty whilst in service, hebhall moreover be allowed and paid in addition to the
said bounty, three month's pay, and one hundred andsixty acres of land ; and the heirs and representatives
of those non-commissioned officers or soldiers, whomay be killed in action or die in the service of the
United States, shall likewise be paid and allowed the
said additional bounty of three months pay, and onehundred and sixty acres of land, to be designated, sur-^
veyed and laid off at the public expense, in such man-ner, and upon such terms and conditions, as may beprovided by law.
Sec. 13. And be it further enacted^ That the said
corps shall be paid in such manner, that the arrears
shall, at no time, exceed two months, unless the cir-
cumstances of the case shall render it unavoidable.
Sec. 14. And be itfurther enacted, That if any of-
ficer, non-commissioned officer, musician or private,
shall be disabled by jsvounds or otherwise, while in the
line of his duty in public service, he shall be placed
on the list of invalids of the United States, at suchrate of pension, and under such regulations as are or
may be directed by law : Provided always, That the
compensation to be allowed for such wounds or dis-
abilities, to a commissioned officer, shall not exceedfor the highest rate of disability half the monthly payof such officer, at the time of his being disabled or
wounded ; and that no officer shall receive more thanthe half pay of a lieutenant-colonel ; and that the rate
of compensation to non-commissioned officers, musi-cian? and privates, shall not exceed five dollars permonth : And provided also, That all inferior disabilii
ties shall entitle the persons so disabled to receive ail
allowance proportionate to the highest disability.
Sec. 15. Jnd be it further enacted, That if auycommissioned officer, in the military establishment, ofthe United States, shall, while in the service of the
United States, die, by reason of any wound receivedin actual service of the United States, and leave uwidow, or if no widow, a child or children under six-
teen years of age, such widow, or if no widow, suchchild or children, shall be entitled to receive half the
monthly pay to which the deceased was entitled at the
time of his death, lor and during the term cf five
years : But in case of the death or intermarriage ofsuch widow, before the expiration of the said term of
five years, the half pay for the remainder of the timeshall go to the child or children, of such deceased ofiis
cer: Provided always, That such half pay shall ceaseon the decease of such child or children.
Sec. 16. And be itfurther enacted, That if any non-commissioned officer, musician or private, shall desert
the service of the United States, he shall, in addition
to the penalties mentioned in the rules and articles ofwar, be liable to serve for and during such a period as
shall, with the lime he may have served previous to his
desertion, amount to the full term of his enlistment
;
and such soldier shall and may be tiied by a court mar-tial, and punished, although the term cf his enlistment-
may have elapsed previous to his being apprehendedor tried.
Sec. 17. And be it further enacted, That everyperson not subject to the rules and articles of war,
who shall procure or entice a soldier, in the service
of the United States, to desert ; or who shall purchasefrom any soldier, his arms, uniform clothing, or anypart thereof; and every captain or commanding cfil-
cer of any ship or vessel, who shall enter on boardsuch ship or vessel as one of his crev/, knowing himto have deserted, or otherwise carry away any suchsoldier, or shall refuse to deliver him up to the or-
ders of his commanding officer, shall upon legal con-
viction, be fined at the discretion of any court hayingG
74
cognizance of the same, in any sum nol exceedingthree hundred dollars, and be imprisoned any term not
exceeding one year.
Sec. 18. J.nd be it further enactedy That every of-
ficer, non-commissioned officer, musician and private,
shall take and subscribe the following oath or affirma-
tion, to wit; I, A. B. do solemnly swear or affirm,
(as the case may be) that I will bear true faith and al-
legiance to the United States of America, and that I
will serve them honestly and faithfully against their
enemies or opposers whomsoever; and that I will
observe and obey the orders of the President of the
United States, and the orders of the officers appoint-
ed over me, according to the rules and ariicles of
war.
Sec. 19. And be itfurther enacted^ That there shall
be appointed to each division a judge advocate, whoshall be entitled to the same pay and emoluments as
a major in the infantry ; or if taken from the line of
the army, shall be entitled to thirty dollars per month,in addition to his pay, and the same allowance for
forage as is allowed by law for a major of infantry.
Sec. 20. And be itfurther enacted^ That where anycommissioned officer shall be obliged to incur anyextra expense in travelling and sitting on general
courts martial, he shall be allowed a reasonable com-pensation for such extra expense actually incurred,
not exceeding one dollar and twenty-five cents perday to officers who are not entitled to forage, and not
exceeding one dollar per day to such as shall be en-
titled to forage.
Sec. 21. And be it further enacted, That no non-commissioned officer, musician or private, during the
term of his service, shall be arrested on mesne pro-
cess, or taken or charged in execution for any debt or
debts contracted before enlistment, which were sev-
erally under twenty dollars at the time of contracting
the same, nor for any debt whatever contracted after
enlistment.
75
Sec. 22. A7id be it further enacted^ That wheneverany officer or soldier shall be discharged from the
service, except by way of punishment for any offence,
he shall be allowed his pay and rations, or an equiva-
lent in money, for such term of time as shall be suf-
ficient for him to travel from the place of dischargelo the place of his residence, computing at the rate of
twenty miles to a day.
Sec. 23. And be it further enacted^ That the sub-
sistence of the officers of the army, when not received
in kind, shall be estimated at twenty cents per ration.
Sec. 24. And be it further enacted,, That there
shall be appointed to erxh brigade, one chaplain, r/ho
shall be entitled to the same pay and emoluments as
a major in the infantry.
Sec. 25. And be it further enacted^ That no gene-ral, field or staff officer, who may be appointed byvirtue of this act, shall be entitled to receive any payor emoluments until he shall be called into actual
service, nor for any longer time than he shall con-tinue therein.
H. CLAY,Sfieaker of the House of Refiresentativea,
GEO. CLINTON,Vice-President of the United States^ and
President of the Senate.
January 11, 1812.
Approved, JAMES MADISON.
A71 ACT authorizing the President of theUnited States
to accefit and organize certain Volunteer Military
Cor/is.
Sec. 1. Be it enacted by the Senate andHouse ofRefi'resentatives ofthe United States ofAmerica in Congressassembled^ That the President of the United States
be, and he is hereby authorized to accept of any com-pany or companies of volunteers, either of artillery,
cavalry or infantry, who may associate and offer them-
r.f;Ives for the service, not exceeding fiiiy thousandmen, who shall be clothed, and in case of cavalry, fur-
nished with horses, at their own expense, and armedand equipped at the expense of the United States, af-
ter they shall be called into service, and whose com-missioned officers shall be appointed in the mannerprescribed by law in the several states and territories
to which such companies shall respectively belong :
JProvided, That where any company, battalion, regi-
ment, brigade or division, of militia, already organiz-
ed, shall tender their voluntary service to the Unit-
ed States, such company, battalion, regiment, brigade
or division, shall continue to be commanded by tin
officers holding commissions in the same, at the tim(
of such tender, and any vacancy thereafter occurring
shall be filled in the mode pointed out by law in th<
state or territory, wherein the said company, battal
ion, regiment, brigade or division, shall have beei
originally raised.
Sec. 2. And be it further enacted^ That any com^pany, battalion, regiment, brigade or division, thu(
offering itself for the service, shall be liable to b(
called upon to do military duty, at any time the Preslident of the United States shall judge proper, withij
two years after he shall have accepted the sam-e, anqshall be bound to continue in service for the terra oftwelve months after they shall have arrived at the
place of rendezvous, unless sooner discharged ; andwhen so called into service, and whilst remainingtherein, shall be under the same rules and regula*
tions, and be entitled to the same pay, rations, forage^
and emoluments of every kind, bounty and clothing
excepted, with the regular troops of the UniteaStates : Pro-vided^ That in lieu of clothing, every nonfcommissioned ofiicer and private, in any company^who may thus offer themselves, shall be entitleci
when called into service, to receive in money a sunj
equal to the cost of the clothing of a non-commission*ed officer or private, (as the case may be) in the reg-
ular troops of the United States.
77
Sec. 3. And be it further enacted^ That the Presi-
dent of the United States be, and he hereby is author-
ized, to organize the companies so tendering theii*
services as aforesaid, into battalions, squadrons, regi-
ments, brigades and divisions, as' soon as the num-ber of volunteers shall render such organization in
his judgment expedient; but. Until called into actual
service, such companies are not to be considered
as exempt from the performance of militia duty, as is
required by law, in like manner as before the passageof this act.
Sec. 4. A7id be itfurther enacted, That in case anyvolunteer above mentioned, while in actual service,
shall sustain any damage, by injury done to his hors©)
or such other equipment as shall have been furnish-
ed at his own expense, or by loss of the same, with-
out any fault or negligence on his part, a reasonable
sum, to be ascertained in such manner as the Presi-
dent of the United States may direct, shall be allow-
ed and paid to such volunteer, for each and everysuch loss or damage.
Sec. 5. And be it further e7iacted, That if any offi-
cer, non-commissioned officer, musician or private,
shall be disabled by wounds or otherwise, while in
the line of his duty in public service, he shall beplaced on the list of invalid pensioners of the UnitedStates, at such rate of pension and under such regu-lations as are or may be directed by law ; Providedakvays, That the compensation to be allowed for suchwounds or disabilities, to a commissioned officer,
shall not exceed, for the highest rate of disability,
half the monthly pay of such officer, at "the time ofliis being wounded or disabled, and that no officer
shall receive m.ore than the half pay of a lieutenant
colonel : And that the rate of pension to ijon-com-
missioned officers, musicians and privates, shall not
exceed five dollars per month : And firovid^d also,
That all inferior disabilities shall entitle the person so
disabled to receive an allowance proportionate to l^e
highest disability.
G 2
78
Sec. 6, And be it further enacted, Tliat the heirs
and representatives of any ncn-commissioned officer
or soldier, \yho may be killed in action, or die in the
actual service of the United States, shall be entitled
to receive one hundred and sixty acres of land ; to bedesignated, 'surveyed and laid off, at the public ex-pense, in such manner and upon such terms and con-
ditions as may be provided by law.
Sec. 7. And he it further enacted, That upon thedischarge of any non-commissioned officer or soldier
who shall have been accepted under the provisions
of this act, and shall have been in actual service for a
period not less than one month, and shall have ob-
tained from the commanding officer of his company,battalion or regiment, a certificate that he had faith-
fully performed his duty while in service, such non-commissioned officer or soldier, i'f attached to the ar-
tiileiy or infantry, shall be presented with a musket,bayonet, and other personal equipments, or, if attach-
ed to the cavaliy, with the sabre and pistols furnish-
ed him by the United States, as a public testimonial
of the promptitude and zeal with which he shall havevolunteered in support of the rights and honor of the
country.
Sec. 8. And he itfurther enacted. That the sum ofone million of dollars be appropriated to defray the
expenses which may be incurred under the provisions
of this act, to be paid out of any money in the treas-
ury not otherwise appropriated.
H. CLAY,Speaker of the House of Representatives.
GEO. CLINTON,Vice-President of the United States^ and
President of the Senate,
February 6, 1812.
Approved, JAMES MADISON.
I
70
Jn ACT suftjilemoitary to ''^ An Act to raise^for a
limited TimeJan additional MilitaryForce^^passed on
the t'velfth day of'Ajiril^ one thousand eight Imn-dred and eight.
Sec. I. Beit e^iacted by the Senate andHouse of Rpfi^resentatives of the United States of America in Cou"gress assembled^ That whenever, m the opinion of the
President of the United States,it is expedien^to mountthe light artillery, or any part thereof, horses and ac-
coutrements shall be provided to equip the whole or
such part as he may direct ; and when the non-com-missioned officers, musicians, artificers and privates
are so equipped, the officers shall be entitled to the
same forage as is now provided for the officers of the
same grade in the regiment of light dra.goons : Pro-vided, The officers furnish their own horses, and ac>
coutrements, and actually keep in service the samenumber of horses to entitle them to the aforesaid al-
lowance for forage or its equivalent in money.Sec. 2. And be it further e?iacted, That whenever
the said light artillery are ordered to be mounted,there shall be provided one saddler and one farrier to
each company, who shall be entitled to the same payand emoluments as are now provided for saddlers andfarriers in the regiment of light dragoons.
H. CLAY,Sfieaker of the House of Refiresentatives.
GEO. CLINTON,Vice-President of the United States^ and
President of the Senate.
February 24, 1812.
Approved, JAMES MADISON.
An ACT sufiplementary to " An Act to raise an addi'
tional Military Force"
Sec. 1. Be it enacted by the Senate and House ofRepresentatives of the United States of America in
Congress assembled^ That the non-commissioned of-
80
ficers, musicians and privates of the light dragoons,
shall receive the same uniform clothing as is nowprovided by law for the artillery and infantry, except-ing one pair of gaiters and four pair of shoes, in lieu
of which, each person shall be annually entitled to
receive one pair of boots and two pair of shoes.
Sec. 2. And be it further enacted^ That the non-commissioned officers, musicians and privates of theregiment- of light artillery, shall receive the sameclothing as the light dragoons, when ordered to bemounted.
Sec. 3. And be itfurther enacted^ That all the offi-
cers, excepting general officers who may be appoint-
ed during the present session of Congress, under the'^ act to raise an additional military force," shall takerank in such manner, as the President of the UnitedStates shall direct, without regard to priority of ap-pointment.
H. CLAY,Speaker of the House of Rejirese7itatives,
GEO. CLINTON,Vice-President of the United States, and
President of the Senate.
March ir, 1812.
Approved, JAMES MADISON.
An ACT to establish a Quarter Master^s Department,andfor ether Purposes*
Sec. 1. Be it enacted by the Senate and House ofRepresentatives of the United States of America in
Congress assembled, That there be, and hereby is es-
tablished a quarter master's department for the armyof the United States, to consist of a quarter mastergeneral, four deputy quarter masters, and as many-
assistant deputy quarter masters as, in the opinion of
the President of the United States, the public service
may require ; the quarter master general and deputy-
quarter masters to be appointed by the President, by
81
and with the advice and consent of the senate, andthe assistant deputy quarter masters by the President
alone. And he hereby is avithorizcd, moreover, to
appoint such additional number of deputy quarter
masters, not exceeding four, to be taken from the
lines or not, at his discretion, as in his judgment the
public service may require.
Sec. 2. And be itfurther enacted^ That the quarter
master general shall be entitled to the rank, pay andemoluments of a brigadier general, under the act of
the twelfth of April, one thousand eight hundred andeight, with forage for two additional horses ; the de-
p4Uy quarter masters, when not taken from the line,
shall be Entitled to receive sixty dollars per month,five rations per day and forage for two horses ; but if
taken from the line, then such additional pay andemoluments as shall be equal to the foregoing pro-
vision ; the assistant deputy quarter masters, whennot taken from the line, shall be entitled to and re-
ceive forty dollars per month, three rations per dayand forage for one horse ; but if taken from the line,
then such additional pay and emoluments as shall beequal to the foregoing provision.
Sec. 3. And be a further enacted^ That in addition
to their duties in the field, it shall be the duty of the
quarter master general, his deputies and assistant de-
puties, when thereto directed by the secretary of war,
to purchase military stores, camp equipage and other
articles requisite for the troops ; and generally to
procure and provide means of transport for the army,its stores, artillery, and camp equipage. That thequarter master general shall account, as often as maybe required, and at least once in three months, with
the department of war, in such manner as shall beprescribed, for all property which may pass throughhis hands, or the hands of the subordinate officers in
his department, or that may be in his or their care or
possession, and for all monies which he or they mayexpend in discharging their respective duties j that
82
he shall be responsible for the regularity and correct-
ness of all returns in his department, and that he, his
deputies and assistant deputies, before they enter onthe execution of their respective offices, shall several-
ly take an oath faithfully to perform the duties thereof.
Sec. 4. And be itfurther enacted, That there shall
be a commissary general of purchases, and as manydeputy commissaries as, in the opinion of the Presi-
dent of the United States, the public service may re-
quire, to be appointed by the President, by and withthe advice and consent of the Senate.
Sec. 5. jlnd be itfurther enacted, That it shall bethe duty of the commissary general of purchases, tin-
der the direction and supervision of the secretary ofwar, to conduct the procuring and providing of all
arms, military stores, clothing, and generally all ar-
ticles of supply requisite for the military service ofthe United States ; and it shall be the duty of thedeputy commissaries, when directed thereto, either
by the secretary of war, the commissary general ofpurchases, or in cases of necessity, by the command-ing general, quarter master general, or deputy quar-ter masters, to purchase all such of the aforesaid ar-
ticles as may be requisite for the military service ofthe United States.
Sec. 6. And be it further enacted, That neither
the quarter master general nor the commissary gen-eral shall, directly or indirectly, be concerned or in-
terested in carrying on the business of trade or com-merce, or be owner in whole or in part of any seavessel, nor shall either of them purchase by himself,
or another in trust for him, public lands or any otherpublic property, or be concerned in the purchase ordisposal of any public securities of any state, or ofthe United States, or take or apply to his own use anyemolument or gain for negociating or transacting anybusiness in the said department, other than what shall
be allowed by law ; and if either the said quartermaster general or commissary general shall offend
83
against any of the prohibitions of this act, the parties
so offending shall, upon conviction, forfeit to the
United States the penalty of three thousand dollars,
and may be imprisoned for a term not exceeding five
years, and shall be removed from office, and be for
ever thereafter incapable of holding any office underthe United States.
Sec. 7. And be it further enacted^ That the salary
ofthe commissary general of purchases shall be three
thousand dollars per annum ; and the compensationto a deputy commissary shall not exceed two and onehalf per eentum on the public monies disbursed byhim, nor in any instance the sum of two thousa^nd
dollars per annum.Sec. 8. And be it further enacted, That the com-
missary general of purchases shall, before he enters
upon his duties, give bond with sufficient surety, to
be approved of by the secretary of war, in the sum of
fifty thousand dollars ; and the deputy commissarieseach in the sum of ten thousand dollars, with condi-
tion for the faithful performance of the duties of their
office respectively, which bonds shall be lodged withthe comptroller of the treasury.
Sec. 9. And be it further enacted, That from andafter the last clay of May next,'so much of the act en-
titled " an act to establish the office of purveyor of
public supplies," as relates to the appointment andservices of a purveyor of public supplies, be, and the
same is hereby repealed ; and in the mean time, the
purveyor shall deliver over to the commissary gen-
eral or one of his deputies, the public stores and pro-
perty of all sorts in his possession, who shall receipt
to him for the same.
Sec. 10. A7id be it further efiacted, That all letters
and packets to and from the quarter master general
and commissary general, shall be free from postage.
Sec. 11. And be itfurther enacted, That there be
allowed for the compensation of the necessary clerks
in th^ quarter master general's office, a sum not ex-
84
ceeding fifteen hundred dollars a year ; and for thecompensation of the clerks of the commissary gen-eral, a sum not exceeding seventeen hundred dollars
per annum, with such books and stationary as may benecessary to the quarter master general's and com-missary general's d^epartments.
Sec. 12. And be itfurther enacted^ That the quar-ter master general be authorized to appoint a princi-
pal waggon master, and as many waggon masters ashe may judge necessary for the service of the army,not exceeding one to each brigade, whose duty shall
be, under the direction of the quarter master generalor any of his deputies, to provide and conduct thewaggons and other means of transport necessaryand proper for the military service of the UnitedStates.
Sec. 13. And he it further enacted^ That no wag-gon master shall directly or indirectly be concernedor interested in any waggon, or means of transport
employed in the service of the United States ; norin the purchase or sale of any horses, harness, wag-gons or other means of transport, procured for or be-
longing to the United States, except as agent for theUnited States.
Sec. 14. And he it further enacted^ That the prin-
cipal waggon master shall be entitled to receive forty
dollars per month, three rations per day, and forage
for one horse ; and each waggon master shall be en-
titled to receive thirty dollars per month, two rations
per day and forage for one horse.
Sec. 15. And be it further enacted^ That the quar-ter master general be authorized to appoint one prin-
cipal forage master, and as many assistant foragemasters as the nature of the service may require, notexceeding one to each brigade, whose duty shall be,
under the direction of the quarter master general orany of his deputies, to provide and deliver out forage,
necessary and proper for the military service of the
United States , nor shall any forage master be direct'
65
ly or indirectly concerned in the purchase or sale oFany article of forage procured for or belonging to theUnited States, except as an agent for the UnitedStates.
Sec. 16. j4nd be itfurther enacted^ That the prin-
cipal forage master shall be entitled to and receive for-
ty dollars per month, three rations per day, and foragefor two horses ; and that ths other forage mastersshall be entitled to and receive thirty dollars permonth, tv/o rations per day, and forage for onehorse.
Sec. 17. And be itfurther enacted^ That there shall
be four conductors of artillery, who shall be appoint-ed by the President alone, each of whom shall be en-titled to the pay and emoluments of a lieutenant ofartillery.
Sec. 18. And be It further enacted^ That this actshall go into operation on the first day of April next;and that so much of the act fixing the military peaceestablishment of the United States, as respects theappointment of military agents and assistant military
agents, be, and the same is hereby repealed, fromand after that day ; but all those agents shall contin-
ue to perform their respective duties in the meantime, and until the deputy and assistant deputy quar-ter masters shall be appointed and ready to enter onthe execution of their respective offices; to whomthe said military agents and assistant military agentsshall then deliver all the public stores and propertyin their possession.
Sec. 19. And be it further enacted^ That all per-sons attached to the public service by virtus of this
act, shall be subject to military law, except the deputycommissaries.
Sec. 20. And be it further enacted^ That the Presi-
dent may and he hereby is authorized in the recess of
the senate, to appoint the quarter master general, de-
puty quarter masters, commissary general and de-
puty commissaries, or any of them i wUch appoint-
H
86
lYients shall be submitted to the senate at their next
Bession, for their advice and consent.
H. CLAY,Speaker of the House of Refiresentatives.
WM. H. CRAWFORD,President of the Senate^, pro tempore,
March 28, 1812. Approved, JAMES MADISON.
An ACT in addition to the Act^ entitled " An Act tb
raise an additional Militarij Forced' passed January
11, 1812.
Sec. 1. Be it enacted by the Senate and House ofRepresentatives of the United States of America,^ in
Congress assembled, That the President of the United
States be, and he hereby is empowered to cause to be
enlisted for the term of eighteen months, unless soon-
er discharged, such part of the light dragoons, artil-
lery and infantry, authorized by the act, entitled « an
act to raise an additional military force,*' as he may-
deem expedient : Provided^ the whole number so to be
enlisted for eighteen months, shall not exceed fifteen
thousand, any thing in the said recited act to the con-
trary notwithstanding.
Sec. 2. And be it further enacted. That the non-
commissioned officers, musicians and privates, so to
be enlisted, shall be entitled to the bounty of sixteen
dollars, and the same pay, clothing and rations, the^
same provisions for wounds or disabilities, and to all
other allowances, (the bounty in land excepted) pro-
vided by the said before recited act for the non-com**
missioned officers, musicians and privates, who maybe raised under the same ; and shall be held to per-
form the same duties, and be subject to the samerules and regulations.
H. CLAY,Sfieaker of the House of Representatives
>
WM. H. CRAWFORD,President of the Senate pro tempore^
Aprils, 18U. Approved, JAMES MADISON,
87
Jn ACTfor the Ori^anization of a Cor/is of Artificers.
Sec. 1. Be it enacted by the Senate and House ofRejirescntatives of the United States of A?nerica in
Cong-ress assembled^ Thatthere shall be attached to th6
quarter master general's department and subject to
the orders of the officers thereof, a corps of artificers,
to consist of one superintendent, to be appointed bythe President of the United States, four assistants,
two master masons, two master carpenters, two mas-ter blacksmiths, two master boat builders, two master,
armorers, two master saddle and harness makers,twenty house carpenters, five ship carpenters, twentyblacksmiths, sixteen boat builders, sixteen armorers,
twelve saddle and harness makers and twenty-four
laborers, to be selected from the privates of the ar-
my, when authorized thereto by the commandinggeneral, or engaged from among the citizens by the
superintendent.
Sec. 2. And be it further enacted^ That the pay of
the superintendent of artificers shall be forty-five dol-
lars per month, three rations per day, and forage for
one horse ; that the pay of the four assistants be eachthirty dollars per month and tv/o rations per day ;
that the pay of the twelve master workmen be eachthirty dollars per month and one ration and one half
of a ration per day; that the pay of the other work-men be each sixteen dollars per month and one ration
and one half of a ration per day.
Sec. 3. And be it further enacted^ That it shall bethe duty of the superintendent of artificers to rendera correct report, once each month, of the corps to the
quarter master general, and on oath to make out the
pay-roll thereof; which pay-roll shall be examined bythe quarter master general, or, in his absence, by oneof the deputy quarter masters, and by him be coun-tersigned, and faithfully and without delay to executeall such oi'ders as he may receive from the secretary
at war, any officer of the quarter master's department,
88
or from the officer commanding in the field or jjarri-
son to which his corps or any part thereof may be at*
lachcd.
Sec. 4. And be it further enacted^ That this corpsshall be engaged for and during the term of threeyears, unless sooner discharged by the President ofthe United States.
Sec. 5. And be it further enacted^ That for defray-ing the expense that may be incurred in thj^ executioncf this act, the sum of thirty thousand dollars be, andIhe same is hereby appropriated, to be paid out of anymoney in the treasury not otherwise appropriated.
H. CLAY,Sjieaker of the House of Refiresentativea*
I WM. H. CRAWFORD,President of the Senate firo temfiore.
April 23, 1812.
Approved, JAMES MADISON.
An ACT making further Provision for the Corfis ofEngineers,
Sec. 1. Beit enacted by the Senate andHouse ofRefi^resentatives ofthe United States ofAmerica in Congressassembled^ That there be added to the corps of engi«neers, two captains, two first lieutenants, two secondlieutenants, with the usual pay and emoluments, ac-
cording to their grades respectively ; and one payxnaster, to be taken from the subalterns of engineers,
with the pay and emoluments of a regimental paymaster; and that there be attached to the said corps,
either from the troops nov/ in service, or by new en-
listments, as the President of the United States maydirect, four sergeants, four corporals, one teacher ofmusic, four musicians, nineteen artificers and sixty-
two men, which non-commissioned officers, musi-cians, artificers and men, together with the artificers
and men already belonging to the corps of engineers,
shall be formed into a company, to be styled a com-pany of bombardiers, sappers and miners., and be of-
89
ficered from the corps of engineers, according as thecommanding officer of that corps may, with the ap-probation of the President of the United States, di.
rect ; and the said non-commissioned officers, musi-cians, artificers and men, shall be allowed the samepay and emoluments as are allowed to the non-com-missioned officers, musicians, artificers and men in
the regiment of artillerists.
Sec. 2. And be itfurther enacted.^ That the milita-
ry academy shall consist of the corps of engineers,
and the following professors, in addition to the teach-
ers of the French language and drawing already pro-vided, viz : one professor of natural and experiment-al philosophy, with the pay and emoluments of alieutenant colonel, if not an officer of the corps, and if
taken from the corps, then so much in addition to his
pay and emoluments as shall equal tliose of a lieu-
tenant colonel ; one professor of mathematics, withthe pay and emoluments of a major, if not an officer
of the corps, and if taken from the corps, then sqmuch in addition to his pay and emoluments, as shall
equal those of a major ; one professor of the art ofengineering in all its branches, with the pay andemoluments of a major, if not an officer of the corps,
and if taken from the corps, then so much in additioa
to his pay and emoluments as shall be equal to those ofa major ; each of the foregoing professors to have ant
assistant professor, which assistant professor shall betaken from the most prominent characters of the of-
ficers or cadets, and receive the pay and emolumentsof captains, and no other pay or emoluments whileperforming these duties ; Frovided, That nothing;
herein contained shall entitle the academical staff, assuch, to any command in the army separate from th©academy.
Sec. 3. And be itfurther enacted^ That the cadetsheretofore appointed in the service of the UnitedStates, whether of artillery, cavalry, riflemen or in-
fantry, or that may in future be appointed as hereiiT-
H2
90
after provided, shall at no time exceed two hundredand fifty ; that they may be attached, at the discretion
of the President of the United States, as students to
the military academy, and be subject to the establish-
ed regulations thereof; that they shall be arrangedinto companies of non-commissioned officers and pri-
vates, according to the directions of the commandantof engineers, and be officered from the said corps,
for the purjx)ses of military instruction ; that there
shall be added to each company of cadets four musi-cians ; and the said corps shall be trained and taughtall the duties of a private, non-commissioned officer
jind officer ; be encamped at least three months ofeach year, and taught all the duties incident to a reg-
ular camp ; that the candidates for cadets be not un-der the age of fourteen, nor above the age of twenty-
one years ; that each cadet, previously to his appoint-
ment by the President of the United States, shall be-well versed in reading, writing and arithmetic, andthat he shall sign articles, with the consent of his par-
ent or guardian, by which he shall engage to serve
iive years unless sooner discliarged ; and all such ca-
dets shall be entitled to and receive the pay and emol-uments now allowed by law to cadets in the corps of
engineers.
Sec. 4. And be it further enacted, That when anycadet shall receive a regular degree from the aca-
demical staff, after going through all the classes, he-shall be considered as among the candidates for acommission in any corps, according to the duties hemay be adjudged competent to perform ; and in case
there shall not at the time be a vacancy in such corps,
he may be attached to it at the discretion of the Presi-
dent of the United States, by brevet of the lowest
grade, as a supernumerary officer, with the usual payand emoluments of such grade, until a vacancy shall
happen: Provided, That there shall not be morethan one supernumerary officer to any one companyat the same time.
91
Sec. 5. And be it further enacted, That the sum of
twenty-five thousand dollars be, and the same is here-
by appropriated, to be paid out of any money in the
treasury not otherwise appropriated, for erecting
buildings, and for providing an apparatus, a library
and all necessary implements, and for such contingent
expenses as may be necessary and proper, in the jud^-mei>t of the President of the United States, for suchan institution.
. Sec. 6. And be it further enacted, That so muckof the twenty-sixth section of the act, entitled, " Anact fixing the military peace establishment,'* passedthe sixteenth March, one thousand eight hundred andtwo, as confines the selection of the commander of the
corps of engineers to the said corps, be^ and the sameis hereby repealed.
H. CLAY,Sjicaker of the House of Refiresentatives.
WM. H. CRAWT^ORD,President of the Senate firo temf^iore,
April 29, 1812.
Approved, JAMES MADISON.
An ACT for the better Regulation of the Ordnance,
Sec. 1 . Be it enacted by the Senate andHouse ofReft-resentatives ofthe UnitedStates of America, in Congressassembled, That there be and hereby is established
an ordnance department, to consist of a commissarygeneral of ordnance, an assistant commissary gene-ral, four deputy commissaries, and as many assistant
deputy commissaries as the President of the UnitedStates may think necessary, not exceeding eight.
Sec. 2. And be it further enacted. That the com-missary general be authorized from time to time toemploy as many wheelwrights, carriage makers,blacksmiths and laborers as the public service may in
his judgment require.
Sec. 3. And be itfurther enacted, That the com*
92
fttissAry general of ordnance shall be entitled to thefank, pay and emoluments of a colonel of infantry,
and be further allowed at the rate of five hundreddollars per year, and four rations per day for clerks
in his department ; the assistant commissary generalof ordnance shall be entitled to the rank, pay andemoluments of a major of infantry, with three addi-
tional rations per day ; the deputy commissaries ofordnance shall be entitled to the rank, pay and emolu-ments of a captain of infantry, with two additional ra-
tions per day^ and forage for one horse ; the assistant
deputies shall have the rank, pay and emoluments ofa second lieutenant of infantry, with one additional
ration per day.
Sec. 4r. Ajid be it further enacted^ That a mastei*
wheelwright and carriage maker, and a master black-smith, be allowed thirty dollars each, per month, andone ration and one half of a ration per day : that anyother wheelwrights, carriage makers and blacksmiths,
be allov/ed each sixteen dollars per month, and oneration and one half of a ration per day ; that the la-
borers each be allowed nine dollars per month andone ration per day.
Sec. 5. And be it further enacted^ That it shall bethe duty of the commissary general of ordnance to
direct the inspection and proving of all pi«ces of ord-nance, cannon balls, shells and shot, procured for theuse of the army of the United States^ ; and to direct
the construction of all carriages and every apparatusfor ordnance, for garrison and field service, and all
ammunition waggons, pontoons and travelling forges \
also, the direction of the laboratories, the inspection
and proving the public powder, and the preparing all
kinds of ammunition for garrison and field service
;
and shall, half yearly, examine all ordnance, carria-"
gas, ammunition and apparatus, in the respective for-
tresses, magazines and arsenals, and cause the sam^to be preserved and kept in good order.
Sec. 6. And be'U further €neKted^ That the com-
93
5"kiissary general of ordnance shall execute all orders
issued by the secretary for the department of war, in
conveying all ordnance, ammunition and apparatus, to.
the respective armies, garrisons, magazines and arse-
nals ; and in time of war he shall execute all orders
of any general officer, commanding in any army or
garrison, for the supply of ordnance, ammunition, car-
riages, pontoons, forges, furnaces or apparatus, for
garrison, field or siege service, and forward the samewithout delay and in good condition.
Sec. 7. And be it further enacted^ That the com-missary general of ordnance shall half yearly trans-
mit to the department of war, a correct return of all
ordnance, ammunition, military stores and effects, in
the respective garrisons, arsenals, magazines, posts
and camps, with a statement of their order, quality
and condition ; and also what may be necessary to
keep up an ample supply of each and every article
in the ordnance department, and shall, in all things,
faithfully and without delay execute the orders of thesecretary for the department of war touching the
same.Sec, 8. And be it further enacted^ That the super-
intendents of military stores, keepers of magazinesand arsenals, shall half yearly, make correct returnsto the commissary general of ordnance of all mil-itary stores that they respectively have in charge ;
and that the assistant commissary general of ord-nance, the deputy commissaries and assistant depu-ties shall faithfully, and without delay, execute all or-
ders that shall be issued by the secretary for the de-partment of war, the commanding general, in time ofwar, of any corps, camp or garrison, or of the com-missary general of ordnance, in their respective de-partments, by virtue of this act.
Sec. 9. And be it further enacted. That the com-missary general of ordnance shall make a correct re-
port of the artificers and laborers from time to timeemployed by him, and transmit the same to the adju*tant ,c-eneral.
94
Sec. 10. jfnd be it further enacted^ That for de-fraying the expense that may be mcurred in the exe-cution of this act, the sum of twenty thousand dollars
be, and the same is hereby appropriated, to be paidout of any money in the treasury not otherwise appro-priated. H. CLAY,
S/ieaker qf the House of Re/iresentatives.
WiM. H. CRAWFORD,President cf the Senate pro temp.ore.
May 1 4, 1812.
ArpiioVEo, JAMES MADISON.
An ACT making further Provision for the Jrmy ofthe United States.
Sec. 1. Be it enacted by the Senate and House ofRejireaentatives of the United States of America, in
Congress assembled. That the President of the UnitedStates be, and he hereby is authorized and empower-ed to appoint so many district pay masters as, in his
judgment, the service may require ; and if such pay-
masters are taken from the line of the army, theyshall respectively receive thirty dollars per month,in addition to their pay in the line : Provided, Thesame shall in no case exceed the pay and emolumentsof a major ; and ii' not taken from the line they shall
receive the same pay and emoluments as a major of
infantry.
Sec. 2. j^nd be it further enacted^ That the Pres-
ident of the United States be, and he hereby is au-
thorized and empowered to appoint a pay master to
each regiment on the peace establishment, w^ho shall
receive the same pay and emoluments as a captain of
the regiment to which he belongs : Provided, Thatall district and regimental pay masters shall be sub-
ject to the rules and articles of war, and give suchbonds to the United States as the secretary for the de-partment of war may direct, for the faithful perform-ance of their duties. And it shall be the duty of the
commanding officer, when requested by the pay mas-
9B
tei', to furnish a capable non-commissioned officer or
BolcUer to aid him in the discharge of his duty, who,while so employed, shall receive double pay.
Sec. 3. yJnd be it further enacted^ That the Presi-
dent of the United States be, and he hereby is author-
ized to appoint from the captains and subalterns of the
line of the army, so many sub-inspectors as the service
may require, not exceeding one to each brigade; andsuch sub-inspectors shall each receive twenty-four
dollars per month, in addition to his pay in the line.
Sec. 4. And he it further enacted^ That each brig-
ade major, provided by law, shall be allowed twenty-
four dollars per month, in addition to his pay in the
line.
Sec. 5. And be it further enacted^ That the gene-
ral commanding the army of the United States shall
be allowed a secretary, to be taken from the line of
the army, who shall receive twenty-four dollars permonth in addition to his pay in the line, and shall beallowed forage for two horses.
Sec. 6. And be it further enacted^ That in addition
to the non-commissioned officers and privates allowed
to the regiment of light artillery, each company shall
be entitled to twelve drivers of artillery, who shall beenlisted for five years, unless sooner discharged, andreceive the same pay, rations and clothing, as the pri-
vates of the army : Froyided, such drivers of artillery
shall at all times be liable to do duty in the ranks whenthe company shall not be mounted.
Sec. 7. And be it further enacted, That so muchof the " act for establishing rules and articles for the
government of the armies of the United States," as
authorizes the infliction of corporal punishment, bystripes or lashes, be and the same hereby is repealed.
H. CLAY,Sfieaker of the House of Represehtatives,
WM. H. CRAWFORD,President of the Senate firo temJior^\
f^May 16, 1812.
Appuoyed, JAMES MADISON,
9G
An ACT to amend an Act, entitled " An Act to es-
tablish a Quarter Master's De/iart7nent, and foxother Purposes J*
. Sec. 1. Be it enacted by the Senate and House ofHefiresentatives of the United States of America, in
Congress assembled, That neither the quarter mastergeneral, the commissary general, nor any or either oftheir deputies or assistant deputies, shall be concern-ed, directly or indirectly, in the purchase or sale, for
commercial purposes, of any article intended for
making a part of, or appertaining to, their respective
departments, except for and on account of the Uni-ted States ; nor shall they or either of them, take orapply to his or their own use any gain or emolumentfor negociating or transacting any business in their
respective departments, other than what is or may beallowed by law.
Sec. 2. And be it further enacted, That the quarter
master general be, and he is hereby empowered to
appoint one principal barrack master, and as many-
deputy barrack masters, as may from time to time benecessary, not exceeding one to each separate bar-
rack or cantonment: which said principal barracBmaster shall be entitled to receive the same pay, ra3
tions and emoluments, as the principal forage master
;
and each of his deputies, the same pay, rations andemoluments as is by law allowed to a deputy forage
master.
Sec. 3. And be itfurther enacted, That in addition
to the allowance made to the quarter master general
and commissary general respectively, in and by the act
hereby amended, it shall and may be lawful for tin
secretary for the department of war, for the time be|
ing, to. allow to them respectively such sums as in hj
opinion shall have been actually and necessarily expended in their several departments for oflice ren|
fuel, candles and extra clerk hire.
Sec. 4. And be it further enacted, That the quai
Xer msister general, the deputy quarter masters, an<
97
the assistant deputy quarter masters,' shall, before
they or either of them enter upon the duties of their
appointment, respectively enter into bond, with suffi-
cient security, to be approved of by the secretary of
war, conditioned for the faithful expenditure of all
public monies, and accounting for all public propertywhich may come to their hands, respectively ; andthe quarter master general shall not be liable for anymoney or property that may come into the hands ofthe subordinate officers of his department.
Sec. 5. And be it further enacted^ That the sixth
section of the act hereby amended be, and the sameis, hereby repealed.
H. CLAY,Sjieaker of the House of Representatives.
WM. H. CRAWFORD,President of the Senate pro tempore*
May 22, 1812.
Approved, JAMES MADISON.
An ACT for the more perfect Organization of the Ar-my of the United States.
Sec. 1. Be it enacted by the Senate and House ofHepres entativ es of the U?iited States of America^ in
Congress assembled^ That the infantry of the army ofthe United States shall consist of twenty-live regi-
ments, and that a regiment shall consist of one colo-
nel, one lieutenant colonel, one major, one adjutaiit,
one pay master, one quarter master, one surgeon, tv/a
surgeon's mates, one sergeant, two principal musi-cians, and ten companies.
Sec. 2, And be itfurther enacted^ That each com-pany shall consist of one captain, one lieutenant, onesecond lieutenant, one ensign, four sergeants, six cor-
porals, two musicians, and ninety privates.
Sec. 3. And be it further enacted, Th3it to the yC"
gimenc of cavalry, authorized by the aci passed Jan«
uary eleventh, one thousand eight hundred andI
98
twelve, entitled ^^ An act to raise an additional military
force," there shall be added one riding master : andto the regiment of light dragoons, authorized by theact passed, April twelfth, one thousand eight hundredand eight, entitled "An act to raise, for a limited timean additional military force," one surgeon's mate.
Sec. 4. And be itfurther enacted., That each troop
of cavalry or light dragoons shall consist of one cap-
tain, one first lieutenant, one second lieutenant, onecornet, four sergeants, six corporals, tv/o musicians,
one master of the sword, one saddler, one farrier, oneblacksmith and sixty-four privates, and the pay andemolument of a master ofthe sword, shall be the sameasthoseofa riding master, and the pay and emolu-ment of a blacksmith shall be the same as those of afarrier.
Sec. 5. And be itfurther e7iacted^ That the mili-
tary establishment authorized by the law previous to
the twelfth day of April one thousand eight hundredand eight, and the additional military force raised by•virtue of the act of the twelfth of April one thousand
eight hundred and eight, be and the same are here-
by incorporated) and that from and after the passing
of this act the promotions shall be made through the
lines of artillerists, light artillery, dragoons, riflemen
and infantry respectively, according to established
rules.
H. CLAY,Sjieqker of the Houae of Representatives.
WM. H. CRAWFORD,President of the Senate pro temfiore,
lune 26, 1812.'
Approved, JAMES MADISON.
A7i ACT to' firovide for designating^ surveying- and,
granti?ig the Military Bounty Lands.
Sec. 1. Be it enacted by the Senate a?id House oj
Refiresentaiives of the United States of America, in
Congress atsanbkd^ ThatUie Fresident of the United
99
States be, and he is hereby authorized to cause to bet;.urveyed a quantity of the public lands of the UnitedStates, fit for cultivation, not otherwise appropriated,
and to Avhich the Indian title is extinguished, not ex-
ceeding in the whole six millions of acres, two mil-
lions to be surveyed in the territory of Michigan, twomillions in the Illinois territory, north of the Illinois
river, two millions in the territory of Louisiana, be-
tween the river St. Francis, and the river Arkansas;
the said lands to be divided into townships, and sub-
divided into sections and quarter sections, (each quar-ter section to contain, as near as possible, one hun-dred and sixty acres) in the manner prescribed by lawfor surveying and subdividing the ot'er public lands
of the United States ; the same price to be allowedfor surveying as is fixed for surveying the other pub-lic lands in the same territory. And the lands thussurveyed, with the exception of the salt springs andlead mines therein, and of the quantities of land adja-
cent thereto,, as may be reserved for the use of thesame by the President of the United States, and thesection number sixteen in every township to be grant-ed to the inhabitants of such township for the use ofpublic schools, shall be set apart and reserved for thepurpose of satisfying the bounties of one hundred andsixty acres, promised to the non-commissioned offi-
cers and soldiers of the United States, their heirs andlegal representatives, by the act, entitled " An act for
completing the existing military establishment,'* ap-proved the twenty-fourth day of December, one thou-sand eight hundred and eleven, and by the act, enti-
tled " An act to raise an additional military force,**
approved the eleventh day of January, one thousandeight hundred and twelve.
Sec. 2. jl?id be it further enacted. That the secre-
tary for the department of war, for the time being,shall, from time to time, issue M'arrants for the mili-
tary land bounties to the persons entitled thereto bythe two last mentioned acts, or either of them : Pro*
100
vided always, That such warrants shall be issued oiv-
ly in the names of the persons thus entitled, and beby them or their representatives applied for within
five years after the said persons shall have become en-
titled thereto ; and the said warrants shall not be as-
signable or transferable in any manner whatever.Sec. 3. ^nd be itfarther enacted. That every per-
son in whose favor such warrants shall have been is-
sued, shall, on delivery of the same at the office of the
secretary of the treasury, or of such other officer as
may at the time have, by letw, the superintendence of
the general land office of the United States at the
seat of goveriiment, be entitled to draw by lot in suchmanner as the officer, at the head of the land office,
under the direction of the President of the UnitedStates, may prescribe, one of the quarter sections
surveyed by virtue of the first section of this act, in
either of the said territories which the person in whosefavor such warrant has issued may designate. Anda patent shall thereupon be granted to such person,
for such quarter section, without requiring any fee
therefor.
^ Sec. 4. And he it further enacted. That no claim
for the military land bounties aforesaid shall be as-
si'^^nable or transferable in any manner whatever, un-
til after a patent shall have been granted in the man-ne.r aforesaid. All sales, mortgages, contracts oragreements, of any nature whatever, made prior there-
to, for the purpose, or with intent of alienating, pledg-ing or mortgaging any such claim, are hereby de-
clared and shall be held null and void ; nor shall anytract of land, granted as aforesaid, be liable to be tak-
en in execution or sold on account of any such sale,
mortgage, contract or agreement, or on account of
any debt contracted prior to the date of the patent,
either by the person originally entitled to the land orby his heirs or legal representatives, or by virtue ofany process, or suit at law, or judgment of court
lOl
Rgainst a person entitled to receive his patent asaforesaid.
H. CLAY,Sfieaker of the House of Rep,resentatwe^,
WM. H. CRAWFORD,President of the Senate firo tempore.
May 6, 1812.
Approved, JAMES MADISON.
An ACT making further Provisionfor the Army of the
United States, andfor other Purposes,
Sec. 1. Be it enacted by the Senate and House ofHefiresentatives of (he United States ofAmerica^in Con-gress assembled. That the President ofthe United States
be, and he is hereby authorized, by and with the advice
and consent of the senate, to appoint two brigadier
generals, in addition to those already authorized bylaw, who shall each be entitled to the same number of
aids and brigade majors, as are allowed to a brigadier
general under the act of congress passed the eleventh
of January, one thousand eight hundred and twelve.
And the said brigadier generals, aids and brigade ma-jors, shall be entitled to the same pay and emolumentsas are by law allowed to officers of the same grade.
Sec. 2. And be it further enacted. That to any armyof the United States, other tlian that in which the ad-
jutant general, inspector general, quailer master gen-eral and paymaster of the army shall serve, it shall belawful for the President to appoint one deputy adju-
tant general, one deputy inspector genera], one depu-ty quarter master general, and one deputy paymastergeneral, who shall be taken from the line of the army,and who shall each, in addition to his pay and otheremoluments, be entitled to fifty doiiars per month,which shall be in full compensation for his extra ser-
vices. And that there shall be to each of the forego-
ing deputies such number of assistant deputies, (not
exceeding thr^ to each department) as the public
1 2
service may require, Avho shall in like manner be ta-'
ken from the line, and who shall each be entitled tathirty dollars per month, in addition to his pay and oth-
er emoluments, which shall be in full compensationfor his extra services : And provided also^ That the
President of the United States be, and he is herebyauthorized to appoint any of the officers named in this-
act during the recess of the Senate, to be submittedto the Senate at their next meeting for their adviceand consent.
Sec. 3. And be it further enacted^ That all letters
and packages, to and from the adjutant general andinspector general, shall be free from postage.
Sec. 4. And be it further enacted, That the Presi-
dent is hereby authorized to confer brevet rank onsuch officers of the army as shall distinguish them-selves by gallant actions or meritorious conduct, or
who shall have served ten years in any one grade t
provided, That nothing hereiti contained, shall be so
construed, as to entitle officers so brevetted, to any ad-
ditional pay or emoluments, except when command-ing separate posts, districtjs or detachments, whenthey shall be entitled to, and receive the same pay andemoluments to vrhich officers of the same grades are
now, or hereafter may be allowed by law.
Sec. 5. A7id be it further enacted, That the officers^
who shall not take waiters from the line of the army,shall receive the pay, clothing and subsistence allow-
ed to a private soldier, for as many waiters as they mayactually keep, not exceeding the number allowed byexisting regulations,
H. CLAY,Speaker of the House of Re/ireseniatives,
WM. H. CRAWFORD,'President of the Senate firo temjiore^
July 6, 1812.
Approtei^, JfAMES MADISON-
103
Jn ACT resfiecting the Pay of ike Army of the UnUted States,
Sec. 1. Beit enacted by the Senate and House ofRepresentatives of the United Slates of America^ in
Cangress assembled^ That the officers, non-commis-sioned officers, musicians, and privates of the army of
the United States, shall receive the same pay, forage,
rations, clothing and other emoluments, as the offi-
cers of the same grade and corps, non-commissionedofficers, musicians and privates are entitled to by the
act, entitled " An act to raise for a limited time an ad-
ditional military force," passed April twelfth, onethousand eight hundred and eight ; and to the aid decamp of a brigadier, to a brigade quarter master, brig-
ade inspector and adjutant, there shall be allowed for-
age for one horse only, or in lieu thereof ten dollars
per month ; and to the brigade majors under the actpassed January the eleventh, one thousand eight hun-dred and twelve, there shall be allowed forage for onehorse, or in lieu thereof* ten dollars per month ; andthe pay of a quarter master sergeant, shall be ninedollars per month.
H. CLAY,Speaker of the House of Representatives^
WM. H. CRAWFORD,President of the Senate pro tempore*
July 6, 1812.
Approved, JAMES MADISON.
An ACT supplementary to " An act authorizing the
President of the United States to raise certain Corn-panics of Rangers for the protection of the Frontier
of the United States**
Sec. 1. Be it enacted by the Senate and House ofRepresentatives of the United States of America^ i?t.
Congress assembled. That the President of the Uni-ted States be, and he is hereby authorized to raise ai\
additional company of rangers, when he may deem k
104
necessary for the public service, and on the same pro-visions, conditions and restrictions of the act to whichthis is a supplement.
Sec. 2. jincl be it further e7iactedi That for defray-
ing the expenses thereof, the sum of eleven thousandtwo hundred and fifty dollars be, and the same is here-by appropriated, to be paid out of any money in thetreasury not otherwise appropriated.
H. CLAY,Speaker of the House of Representatives*
WM. II. CRAWFORD,President of the Senate firo tempore,
July 1, 1812.
Approved, JAMES MADISON.
An ACT supplementary to the Act^ entitled " An Actauthorizing the President of the United States to
accept and organize a Volunteer Militarij Corps,
Sec. 1. Beit enacted by the Senate and House ofRep-rese?itatives of the UnitedStates ofAmerica^in Congress
assembled^ That in all cases where volunteers have
offered or hereafter shall offer their services to the
United States, under the act, entitled " An act author-
izing the President of the United States to accept andorganize certain volunteer military corps," it shall
be lawful for the President of the United States to
appoint and commission officers thereto, by and with
the consent of the Senate, any thing in the act to the
contrary notwithstanding : Provided^ That prior to
the issuing of such commissions, the volunteers
aforesaid shall have signed an enrolment, binding
themselves to service conformably to the provisions
of the act to which this is a supplement.
Sec. 2. And be it further enacted, That the Presi-
dent be and he is hereby authorized to form the corps
of volunteers into battalions, squadrons, regiments,
brigades and divisions, and to appoint thereto, by and
with the <;onsent of the Senate, general, field and
105
staff officers, conformably with the military establish-
ment of the United States, and who shall be entitled
to the pay and emoluments of officers of a similar
grade and corps in the army of the United States.
S'EC. 3. And be it further enacted^ That it shall belawful for the President of the United States in therecess of the Senate to appoint all the officers author-ized by this act, which appointments shall be submit-ted to the Senate at their next session, for their ad-vice and consent.
Sec. 4. And be it further enacted^ That in case the
volunteers, when their term of service shall have ex-pired, shall deliver their stand of arms and accoutre-ments, in good order, to the proper officer, they shall
be entitled to receive in lieu thereof, ten dollars for
every stand of arms so delivered.
H. CLAY,Sfieaker of the House of Refiresentatives.
WM. H. CRAWFORD,President of the Senate firo temfiore.
July 6, 1812. Approved, JAMES MADISON.
^n ACT to regulate the Paij of the J^on-CommismonedOfficers^ Musicians and Privates of the Militia ofth&United States, ivhen called into actual Service, andfor other Pur/ioses.
Sec. 1. Be it enacted by the Senate and House ofRefiresentatives of the United States ofAmerica^ip Con-gress assembled, That from and after the passing ofthis act, the allowance of bounty, clothing and pay tothe non-commissioned officers, musicians and privatesof the infantry, artillery and cavalry of the militia ofthe United States, when called into actual service,shall be at the rate per month, as follows : Each ser-geant major and quarter master sergeant, nine dol-lars ; each drum and fife major, eight dollars, andthirty-three cents j each sergeant, eight dollars j each
106
corporal, drummer, fifcr and trumpeter, seven dol-
lars, and thirty-three cents ; each farrier, saddler andartificer, (included as a private) eight dollars ; eachgunner, bombardier and private, six dollars, and six^
ty-six cents.
Sec. 2. And be it further evaded^ That in addition
to the monthly pay, there shall be allowed to each ofi
ficer, non-commissioned officer, musician and private
of the cavalry, for the use of liis horse, arms and ac
coutrements, and for the risk thereof, except of hors
cs killed in action, forty cents per day ; and to eachnon-commissioned officer,musician and private, twen-
ty-five cents, per day, in lieu of rations and forage
when they shall provide the same.
Sec. 3. And be it further enacted, That wheneverthe militia shall be called into the actual service ol
the United States, their pay shall be deemed to com-mence from the day of their appearing at the places
of battalion, regimental or brigade rendezvous; allow-
ing to each non-commissioned officer, musician and;
private soldier, a day's pay and rations for every fif-
teen miles from his home to such place of rendez-a
vous, and the same allov/ance /or travelling home!from the place of discharge^ I
Sec. 4. And be it further enacted^ That in addition,
to the pay heretofore authorized by law, there shall
be allowed and paid to the non-commissioned officers^
musicians and privates of the militia lately called
forth into the actual service of the United States, on.
an expedition to Fort Pitt, such sums as shall, withthe pay heretofore by law established, be equal to the;
allowances respectively provided in the first and sec-ond sections of this act. Provided iievertheless^ Thatthe compensations made by any state, to the militia
called forth from such state, shall be deemed to beincluded hi the additional allowance authorized bythis act ; and such state shall be entitled to receive
from the treasury of the United States, such sums as
they shall have paid, or allowed to the non-commis-
107
sioned officers, musicians and privates, over and abovethe pay heretofore allowed by law, and not exceedingthe additional allowance granted by this act.
Sec. 5. And be it further enacted. That for thecompleting and better supporting the nailitary estab-
lishment of the United States, as provided by the act,
entitled, " An act making further and more effectual
provision for the protection of the frontiers of theUnited States," there shall be allowed and paid, fromand after the first day of January, one thousand seven•hundred and ninety-five, to each non-commissionedofficer, musician and private now in service, or here-after to be enlisted, the additional pay of one dollar
per month, during the terms of their respective en-
listments ; and to each soldier now in the service ofthe United States, or discharged therefrom, subse-quent to the third day of March last, who shall re-enlist
after the firstday of January next, an additional boun-ty of eight dollars, making the entire bounty sixteen
dollars ; and to each person not now in the army of
the United States, or discharged as above, who shall
enlist after the said first day of January next, an addi-
tional bounty of six dollars, making the entire bountyfourteen dollars ; but the payment of four dollars of
each additional bounty hereby granted, shall be de-
ferred, until the soldier enlisting shall join the regi-
ment or corps, in which he is to serve.
Sec. 6. A7id be it further enacted, That to those
in the military service of the United States, who arc,
or shall be employed on the western frontiers, there
shall be allowed, during the time of their being so
employed, two ounces of flour or bread and two oun-ces of beef or pork, in addition to each of their ra-
tions, and half a pint of salt in addition to every hun-
dred of their rations.
Approved, January the second, 1795 :
GEORGE WASHINGTON,President of the United Stata.
108 IAn ACT to firovidefor callingforth the Militia to ext
cute the Laivs of the Union^ sujifiress Insurrectiojis-i ani
repel linvasions i and to repeal the Act now inforcefathose Purposes,
Sec. 1 . Be it enacted by the Senate and House Q
Representatives of the United States of America^ i
Congress assembled^ That whenever the United Statej
shall be invaded, or be in imminent danger of invasioi
from any foreign nation or Indian tribe, it shall b
lawful for the President of the United States, to ca
forth such number of the militia of the state, or statej
most convenient to the place of danger, or scene o
action, as he may judge necessary to repel such in
vasion, and to issue his orders for that purpose, t
such officer or officers of the militia, as he shall thin!
proper. And in case of an insurrection in any stat
against the goveinment thereof, it shall be lawful f(
the President of the United States, on application
the legislature of such state, or of the executive (whefi
the legislature cannot be convened) to call forth suc^
number of the militia of any other state or states, at
may be applied for, as he may judge sufficient to sup-
press such insurrection.
Sec. 2. Jnd be it further enacted^ That wheneveithe laws of the United States shall be opposed, or the
execution thereof obstructed, in any state, by com-binations too powerful to be suppressed by the ordinarj
course of judicial proceedings, or by the powers vest
ed in the marshals by this act, it shall be lawful for the
President of the United States, to call forth the mili
tia of such state, or of any other state or states, as majbe necessary to suppress such combinations, and t(
cause the laws to be duly executed ; and the use o
militia so to be called forth, may be continued if necessary, until the expiration of thirty days after th«
commencement of the then next session of CongressSec. 3. Provided always^ and be it further enactea
That whenever it may be necessary, in the judgmenof the President, to use the military force hereby di
109
rccted to be called forth, the President shall forth*
with, by proclamation, command such insurgents to
disperse and retire peaceably, to their respective
abode, within a limited time.
Sec. 4. And be it further enacted. That the militia
employed in the service of the United States, shall
be subject to the same rules and articles of war, as
the troops of the United States : And that no officer,
non-commissioned officer, or private of the militia,
shall be compelled to serve more than three months,after his arrival at the nlace of rendezvous, in any oneyear, nor more than in due rotation with every other
able-bodied man of the same rank in the battalion to
which he belongs.
Sec. 5. And be it further enacted, That every offi-
cer, non-commissioned officer, or private of the mili-
tia, who shall tail to obey the orders of the President
of the United States, in any of the cases before recit-
ed, shall forfeit a sum not exceeding one year*s payand not less than one month's pay, to be determinedand adjudged by a court martial; and such officer
shall, moreover, be liable to be cashiered by senrence
of a court martial, and be incaj.ucitated from holding
a commission in the militia, for a term not exceedingtwelve months, at the discretion of the said court
:
And such non-com niissioned officers and privates
shall be liable to be imprisoned, by a like sentence, onfailure of payment of the fines adjudged against them,for one calendar month, for every five dollars uf suchline.
Sec. 6. And be it further enacted. That courts mar-tial for the trial of militia, shall be composed of mili-
tia officers only*
Sec. 7. And be it further enacted, That all fines to
be assessed, as aforesaid, shall be certified by the pre-
siding officer of the court martial, before whoui the
same shall be assessed, to the marshrl of th^ district,
in which the delinquent sh^H reside, or to one of his
deputies, and also to the supervisor of the revenue ol
K
110
the same district, who shall record the said certificate
in a book to be kept for that purpose. The said mar-shal, or his deputy, shall Yorthwith proceed to levy the
said fines with costs, by distress and sale of the goodsand chattels of the delinquent ; which costs and the
manner of proceeding, with respect to the sale of the
goods distrained, shall be agreeable to the laws of the
state, in which the same shall be, in other cases of
distress. And where any non-commissioned officer
or private shall be adjudged to suffer imprisonment,
there being no goods or chattels to be found, whereofto levy the said fines, the marshal of the district, or
his deputy, may commit such delinquent to gaol, dur-
ing the term, for which he shall be so adjudged to
imprisonment, or until the fine shall be paid, in the
same manner, as other persons condemned to fine
and imprisonment, at the suit of the United States,
may be committed.Sec. 8. Ajid be it further enacted^ That the mar-
shals and their deputies shall pay all such fines bythem levied, to the supervisor of the revenue, in
the district in which they are collected, within twomonths after they shall have received the same, de-
ducting therefrom, five per centum, as a compensa-tion for their trouble ; and in case of failure, the
same shall be recoverable by action of debt or infor-
mation, in any court of the United States, of the dis-
trict in which such fines shall be levied, having cog-nizance thereof, to be sued for, prosecuted, and recov-
ered, in the name of the supervisor of the district,
•with interest and costs.
Sec. 9. And be itfurther enacted^ That the marshalsof the several districts, and their deputies, shall havethe same powers in executing the laws of the UnitedStates, as sheriffs and their deputies, in the several
states, have by law, in executing the laws of the re-
spective states.
Sec. 10. And be it further enacted^ That the act,
entitled, " An act to provide for calling forth Uie mill-
Ill
tia, to execute the laws of the Union, suppress insur-
rections and repel invasions, passed the second dayof May, one thousand seven hundred and ninety-two,
shall be, and the same is hereby repealed.
FREDERICK AUGUSTUS MUHLENBERG,Sfieaker of the House of Reliresentati-vea.
HENRY TAZEWELL, PrmV/^72^o/'/Ae
Senate pro temfiore.
Approved, February the 28th, 1795 :
GEORGE WASHINGTON,President cf the United States.
An ACT to authorize a Detachment from the Militiu
of the United States,
Sec. 1. Be it enacted by the Senate and House ofjRefiresenfatives of the United States of America^ in
Congress assembled^ That the President of the UnitedStates be, and he is hereby authorized to require of
the executives of the several states and territories,
to take effectual measures to organize, arm andequip, according to law, and hold in readiness to
inarch at a moment's warning, their respective pro-
portions of one hundred thousand militia, officers in-
cluded, to be apportioned by the President of theUnited States, from the latest militia returns in thedepartment of war; and in cases where such returns
have not been made, by such other data as he shall
judge equitable.
Sec. 2. And be it further enacted^ That the detach-
ment of militia aforesaid shall be officered out of thepresent militia officers, or others, at the option anddiscretion of the constitutional authority in the res-
pective states and territories ; the President of the
United States apportioning the general officers amongthe respective states and territories, as he may deemproper ; and the commissioned officers of the militia,
when called into actual service, shall be entitled to
the same pay, rations and emoluments as the officers
of the army of the United States.
112
Sec. 3. .4nd be it further enacted, That the said de-tachment shall not be compelled to serve a longertime than six months after they arrive at the place ofrendezvous ; and during the time of their service thenon-commissioned officers, musicians and privates
shall be entitled to the same pay and rations as is pro-vided by law for the militia of the United States whencalled into actual service.
Sec. 4. And be it further enacted, That the Presi-
dent of the United States be, and he hereby is author-ized to call into actual service any part or the wholey>i said detachment in all the exigencies provided bythe constitution ; and the officers, non-commissionedofficers, musicians and privates, of the said detach-ment, shall be subject to the penalties of the act, en-titled " An act for calling forth the militia to executethe laws of the union, suppress insurrections and re-
pel invasions, and to repeal the act now in force for
those purposes,'* passed the 28th day of February,1795 ; and if a part only of said detachment shall becalled into actual service, they shall be taken fromsuch part thereof as the President of the United States
shall deem proper.
Sec. 5. jind be it further enacted, That no non-commissioned officer, musician or private, belongingto the aforesaid detachment of militia, who shall beordered into actual service by the President of theUnited States, shall be subject to corporal punishment,by whipping, any thing contained in any act to the
contrary notwithstanding.
Sec. 6. And be it further enacted, That in lieu ofwhipping, as provided by several of the rules and ar-
ticles of war, as now used, and practised stoppage ofpay, confinement and deprivation of part of the ra-
tions, shall be substituted in such manner as is herein-
after provided.
Sec. 7. And be it further enacted, That any non-commissioned officer or private, belonging to the
aforesaid detachment of militia, who shall, while in
113
actual seryice, be convicted before any court martial
of any offence, which, before the passing of this act,
might, or could have subjected such person to bewhipped, shall, for the first offence be put under suchstoppages of pay as such court martial shall adjudge,not exceeding the one half of one month's pay for
any one offence ; but such offender may, moreover,at the discretion of such court martial, be confinedmnder guard, on allowance of half rations, any length,
of time, not exceeding ten days for any one offence;or may, at the discretion of such court martial, bepublicly drummed out of the army.
Sec. 8. And be it further enacted. That the sum ofone million of dollars be, and the same is hereby ap-propriated to be paid out of any monies in the treasu-
ry not otherwise appropriated, towards defraying anyexpense incurred by virtue of the provisions of this
act.
Sec. 9. And be it further enacted, That this act
shall continue and be in force for the term of twoyears from the passing thereof, and no longer.
April 10, 1812. Approved, JAMES MADISON.
Extract from the Militia Lano of the Htutt: of JVciv-york, passedMarch 29, 1808.
Sec. 68. And be it farther etiacted, That the commander in
chief of this state may in case of invasion or other emergency,when he shall judge it necessary, order out any proportion ofthe militia of this state, to march to any part thereof and continueas long as he may think necessary, and may likewise in conse-
quence of an application of the executive of any of die UnitedStates, of an invasion or an insurrection, or an apprehension of aninvasion of such state, at his discretion, order any number ofthe militia not exceeding one third part thereof, to such state :
Provided, That they be not compelled to continue on duty outof this state, more than forty days at any one time : th&t whilein actual service in consequence of being so called out, theyshall receive the same pay and rations and be subject to thesame rules and regulations" as the troops of the United States otAmerica.
114
nEGTJLATI0:N'8.
THE President is pleased to direct, that the follow-'
ing regulations be observed in relation to waiters :
Major generals will be entitled to six waiters—
•
brigadier generals four—colonels three—lieuten-ant colonels two—majors two—hospital surgeonstwo—and all other commissioned officers one each.
And whereas by an act of July 6tb, 1812, it is pro-
vided " That officers who shall not take waiters fromthe line of the army, shall receive the pay, clothing
and subsistence allowed to a private soldier, for as
many waiters as they shall actually keep, not exceed-ing the number allowed by existing regulations :"
those officers who actually keep waiters not of the ar-
iTiyj will be allowed to draw money in lieu of clothing
and subsistence—the clothing will be estimated at
the contract price, to be fixed by the commissary gen-eral J and subsistence will be estimated at twentycents per ration, conformably to the act of April 12th,
1808.
The proper vouchers for officers claiming allowanceunder the foregoing provisions of this act, will be thecertificate of the officer that he actually employed andkept in service the number of waiters charged, not ofthe army; and that he did not, during the term so
charged, keep or employ as waiters or servants, sol-
diers from the line of the army.
Done at the War-Office of tlie United States, inthe city of Washington, this 20th day of July, in
the year of our Lord one thousand eight hundredand twelve.
(Signed) W. EUSTIS.
115
Eecruiting Instructions.
Officers charged with the recruiting service oftheir respective regiments, will receive money for
bounties and premiums, from the paymaster ofthe ar-
my ; and for contingent service, from the accountantof the war department : for all which they will giveduplicate receipts.—Captains or principal officers re-
cruiting for companies will receive money for boun-ties, premiums and contingencies from the officer
commanding the regiment, for which they will giveduplicate receipts, and be held accountable to theaccountant cf the department of war. They v/ill also
on the order of the commanding officer of the regi-
ment receive from the proper officer, clothing, arms,accoutrements and camp equipage for their recruits,
for which they will give the proper duplicate receipts,
and be held accauntable.
Each recruiting officer will transmit a statement ofhis accounts, monthly, to the commanding officer ofthe regiment, who will transmit the same with his
own accounts to the accountant of the war department.Officers recruiting for companies, will be held res-
ponsible for the good conduct of their recruits, andwill transmit correct returns, weekly, to the com-manding officer of the regiment.
Commanding officers of regiments will be held res-
ponsible for the good conduct, order and discipline oftheir corps, and will transmit, weekly returns to the
adjutant general's office, shewing the strength anddisposition of the regiment, the state of its discipline,
and the alterations since last return.
Persons charged with the delivery of clothing,
arms, accoutrements, ammunition, camp equipage,
medicine and provisions, will furnish these articles
respectively, on the order of commanding officers of
regiments, when actually on the recruiting service.
When a recruiting officer shall send a party of re-
cruits to the regiment) he will transmit to the com.
116
manding officer an exact statement of each man's ac-
count, as respects subsistence, clothing, bounty andpay, which will be entered in the books of the com-pany.
Recruits are to be free from sore legs, scurvy,
scalled head, ruptures, and other infirmities. Theage is to be conformable to law ; but healthy, active
boys, between fourteen and eighteen years of age,
may be enlisted for musicians. In all cases whereminors or apprentices are enlisted, the consent in
writing, of the parent, master, or guardian, if any suchthere be, is to be obtained, and accompany the enlist-
/ ment.No objection is to be made to a recruit for want of
size, provided he is strong, active, well made, andhealthy.
As soon as convenient, and within six days at far-
thest, from the time of enlistment, every recruit shall
be brought before a magistrate, and take and sub-
scribe the oath required by law, according to the formprescribed.
All recruits are to be mustered by the officer com-manding the regiment. When a recruit is rejected, his
clothing, if delivered, and the bounty advanced to him^are to be returned ; for which the recruiting officer
will be held accountable.
If any recruit who has received the bounty, or a
part of it shall abscond, he is to be pursued and pun-ished as a deserter.
Each officer who is engaged in the recruiting ser-
vice, will procure the necessary transportation, forage,
fuel, straw and stationary ; taking care to have his ac-
counts therefor supported by proper vouchers.Recruiting officers who have no enlisted musicians,
are authorized to engage a drummer and fifer, at asum not exceeding fifteen dollars per month, and one.
ration per day each.
117• » •
«
No recruit can be discharged, except by an order
from the secretary of war.
By Order of the Secretary of War,
Adjutant General's Office,
Washington City, ^\st July, 1812.
T. H. GUSHING, Adjutant General
Adjutant General's Office,
Washington City, 5th Se/it» 1812.
The proceedings of general courts martial, whichin time of peace are to be submitted to the President
of the United States, before the same can be carried
into execution, will during the continuance of the war,be laid before the general officer having the commandof the department, within which such general courts
martial may be held, for his confirmation or disappro-
val, and orders in the case, agreeably to the provisions
of the 65th article of the act entitled '<An act for
establishing rules and articles for the government of
the armies of the United States."
By Order ofthe Secretary of War,
T. H. GUSHING, Jdjutaiu General.
Enlistment.STATE OF
I born in aged years, feet
inches high, of complexion, eyes, hair,
and by profession a do hereby acknowledge to
have this day voluntarily enlisted as a soldier in the
army of the United States of America, for the period
of five years, [or eighteen months, as the case may 6e']
unless sooner discharged by proper authority : do al-
118
SO agree to accept such bounty, pay, rations and clo-
thing, as is or may be established by law. And I
do solemnly swear, that I will bear true faith
and allegiance to the United States of America, andthat I will serve them honestly and faithfully against
their enemies or opposers whomsoever ; and that I
will observe and obey the orders of the President ofthe United States, and the orders of the officers ap-
pointed over me, according to the rules and articles
of war.
Sworn and subscribed to, at this dav of181
Before
Beceipt,
Received of of the United States army,this day of 181 dollars, in partof my bounty for enlisting into the army of the UnitedStates for Signed duplicate receipts.
Dollars.
Witness.
Form of Enlistment for Volunteers.
We the subscribers do hereby volunteer and offer
our services to the United States, under and pursu-ant to the act of congress, entitled " An act to author-
ize a detachment from the militia of the UnitedStates," passed the 10th day of April, 1812, and as apart of the detachment of thirteen thousand five hun-dred men, required by general orders of the com-mander in chief, bearing date the twenty -first day of
April, 1812. In testimony whereof, we have here-
unto subscribed our names, the day of 181
«''""1Sri 1 "tiX-
1 «-"I
«'">--I
^^'^
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REGULATIONS, for the Field Exercise, Maneu-vres, and Conduct of the Infantry of the United States ;
drawn up and adapted to the organization of the Mili-
tia and Regular Troops—By Col, Alexander Smyth,by order of the Secretary of War—With 34 explanato-
ry plates—Price 4 dolls, full bound, 30s. in boards.
PRACTICAL INSTRUCTIONS for Military
Officers; comprehending a concise system of Military
Geometry, Field Fortification and Tactics of Riflemenand Light Infantry, /ilso, the scheme for forming acorps of partisan, and carrying on the Petite Guerre^ byRoger Stevenson, Esq. revised, corrected and enlarged.
To which is annexed, a new Military Dictionary;
containing the French words and other technical terms,
now used in the art of war ; with other matter con-
nected with military operations— Illustrated with plates,
by E. HoYT, Brigade Major and Inspector in the Mi-litia of Massachusetts—Price 28s.
A TREATISE on the Art of War ; containing the
the principles of offensive and defensive operations;
with rules for carrying on the Petite Guerre^ or Warof Posts, and the method of attack and defence in sieg-
es. Illustrated by 24 plates—Price 28s.
MANEUVRES of Horse Artillery—By GeneralKosciusKi ; written in Paris in the year 1800, at the
request of Gen. Wm, R. Davie, then envoy from the
U. States to France. Translated, with Notes and De-scriptive Plates, by Jonathan Williams, Colonel
Commandant of the Corps of Engineers, and President
of the United States Military Philosophical Society-Price 16s.
STEVENS* System for the Discipline of the Ar-tillery of the United States ; or, the Young Artille-
rist*s Pocket Companion, yrith plates--*Price 93.
STEUBEN*s Manual Exercise ; or the Order andDiscipline for the Troops of the U. States—Price 8s.
ABSTRACT of Col. Herries*s Instructions for
Vohinteer Corps of Cavalry, adapted to the use of the
Volunteer and Militia Cavalry of the United States—Price 18 s.
AN ELUCIDATION of Regulations for the for-
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VAN HORNE's Instructions for the Cavalry of
the State of New-York—Price 3s.
THE DEFENCE of Picquets, relative to service
in the field ; for the use of Officers of Infantry—ByCitizen Fosse, formerly a Lieut. Col. in the service of
the French Republic—Price 2s.
THE MILITIA LAW—-Price 2s6d.
Brigade, Regimental, and Company Inspection Re-turns—Muster Rolls, Serjeant's Warrants, &c.
Recruiting Instructions.
ADJUTANT GENERAL'S OFFICE,Washington City^ 15 January^ 1813.
The following recruilinj^ districts are esiabiished
-wiihin the stale of New-York :
New-York, three districts ; the first to inchule
that pat't of the state lying south of Poughkeepsieiprincipal rendezvous
The second to include all north of Poughkeepsieand east of Utica, principal rendezvous
The third to include the remuining part of the
state, principal rendezvous Caijandai^^ua.
Each district will be placed under the superintend-
ence of a field officer, who will have deposited at the
principal rendezvous a suflicient quantity of clothing,
arms, accoutrements, ammunition, camp equipage,
and medicine, for all the men to be recruited within
the district. He will be furnished with money, for
bounties and premiums by the paymaster of the ar-
my and for contingent service, by the War Depart-
ment, and will employ every captain and subaltern
within the district (not on other duty by order of a
superior officer) on the recruiting service for the re-
giment to which such captains and subalterns maybelong, and will supply them with moneys clothing,
&c. for this purpose, taking their duplicate receipts,
holding them accountable to the accountant of the
department ofwar ; and he will transmit to the said
department a statement of his accounts weekly,
showing the amount of money, clothing, &c. receiv-
ed and distributed, and the balance remaining onhand. He will be held strictly responsible for the
good conduct, order and discipline of the corps with-
in his district, and will transmit weekly returns to
this office, shov,'ing the name, rank, regiment, andstation of every officer, employed by him on the re-
cruiting service, the strength of their parties and the
alteraiions since last return ; and he will use every
possible exertion to promote the said service, by vis-
iting the different rendezvous within his district, andby directing his recruiting officers to plctces wherethey are known, or such as promise most success
—
He will be furni'ihed with a copy of the contract for
-2
the territory included in his district, and will give
due notice to the contractor or his agent, for supply-
ing his parties with provisions, at such places within
the disttict, as he may deem necessary. And that
there may be no unnecessary delay in paying the
recruits, agreeably to law, he will transmit regular
sets oi muster rolls of ail the officers and men in his
district, to the district or other paymaster, who will
be instructed to make the regular payments by the
pavmaster of the army.
Recruiting officers will receive money, clothing,
Sec. for their recruits, from the commanding officer
of the district, for which they will give the proper
duplicate receipts, and be held accountable. They
will transmit to him a statement of their accounts
vveeklv, showing the amount of money, clothing,
&c. received and distributed, and the balance remain-
in?- on hand ; a duplicate of which they will trans*
md to the War Department. They will be held
responsible for the good conduct of iheir recruits,
and will transmit correct returns weekly, to the
tammanding officer of the district and to this office.
T)»e commissary general of purchases will cause
to be deposited, at the principal rendezvous ill each
district, subject to the orders of the field officer, a
sufficient quantity of clothing, arms, accoutrements,
ammunition, camp equipage and medicine, for the
number of men to be recruited therein ; and that
there shall at no time be a deficiency of any of these
articles, the field officer will give due notice to the
commissary general of the articles received, dehv-
ercd> and on hand, and at what time a furtlier sup-
ply will be necessary. ^When a recruiting officer shall send a party ot
recruits to the principal rendezvous he will trans-
mit to the commanding officer an exact statement
of each man's account, as respects clothing, sub-
sistence, bounty and pay ; and a like statement must
accompany every man sent to the regiment, to be
entered in the books of the company for which he
enlisted.
Pxccruits are to be free from sore legs, scurvy,
scalled head, ruptures, and other infirmities. The
age h to be conformable to law, but healthy active
3
hoys, between fourteen and eighteen years of age^
nfiay be enlisted for musicians. In a!) cases whereminors or apprentices are enlisted, the consent in
writini^ of the parent, guardian, or master, if anysuch there be, is to be obtained^ and accompany the
enHstment.No objection is to be made to a recruit for want
of size, provided he is strong, active, well made, andhealthy.
As soon as convenient, and within six days at
farthest from the time of his enlistment, every re-
cruit shall be brought before a magistrate, and take
and subscribe the oath required by law, according to
the form prescribed.
When a recruit is rejected, his clothing, if deliv-
ered, and the bounty advanced to him, shall be re-
turned, for which the recruiting officer will be held
accountable.
If any recruit, alter having received the bounty,
or a part of it, shall abscond, he is to be pursued andpunished as a deserter.
Every officer engaged in the recruiting service
"will procure the necessary transportation, forage,
fuel, straw, and stationary, taking care to have his
accounts therefor supported by proper vouchers.
Recruiting officers having no enlisted musicians,
are authorized to engage a drummer and fifer, at a
sum not exceeding lifieeiv dollars per month, andone ration per day each.
By order of the Secretary of War.
T. H. CUSHING, Adjutant General.
(Duplicate.)
ADJUTANT GENERAL'S OFFICE,SIR, Washington City, \5 January, 1813.
It has been deemed necessary to divide the
United States, and the territories thereof, into re-
cruiting districts, under {be superintendence of field
officers, cenlormabiy to which arranjTen^ent, you havebeen appointed to supcri^^c^d the distiict composedof that part of the state of New-York termed in the
recruiting instructions the third, and will take the
immediate direction of the recruiting service witlar»
the same.
4
Enclosecl I have the honor to furnish you with aropy of the articles of war, military laws and rep:ula-
tions of the War Department, twenty copies of re-
cruiting iristructions, two blank weekly recruiiini^ re-
turns, for districts, and twenty for recruiting ofhcers;
niso a copy of the contract for the territory compre-hended within your limits.
The recruiting instructions point out the extent ofterritory under your superintendence, the place at
which you will fix your principal rendcizvous, the
manner in which all your wants are to be supplied,
and your duties generally while employed on this
sei vice.
The officers within your district will be ordered
to report themselves to you, at the principal rendez-
vous, without delay ; but as far as your knowledge of
5>uch officers and their residence may extend, youwin order them into service, without waitnig for
iheir report.
It is expected that you will exercise the utmostcorrectness and punctuality, in making out and trana-
miitlng your statements and returns ; and that youwill exact a like observance of the instructions on this
head from the officers under your command ; thai youwill be particular in forwarding your requisitions for
whatever you may find necessary, in due season, so
as never to permit the recruiting service to be em-barrassed for want of the necessary supplies ; and in
case it should so happen, that after haviiig made suchrequisitions to the proper depaitm-ent, there ahoild
be a failure in the supplies of clothing, camp equip-
a?^e, or medicine, you are hereby authorised to con-
tract for, and purchase such quantity of each of thcie
tirticies, i,s may be found necessary tor immediateuse ; the expenditures for which, you will defray out
of the contingent funds placed in your hands.
To each recruiting officer, you will furnish a ccpy
of the recruitini^ instructions, the form of enlistment,
and a blank weekly recruiting return ; together with
such further information as may be necessary for his
j^overnment.
You will leave the recruits with the party, or col-
lect them at the principal rendezvous, as you mciy
dejL'm uaost advantageous to ihc service ; the pariiesi,
5
however, ought never to be without a few handsome,well dressed men, who, from their appearance andactivity, may be enabled to give a spirit to the re-
cruiting business.
The commissary general of purchases, is directed
to have deposited at the principal rendezvous, suffi-
cient supplies of clothing, £cc. for the number of mento be raised in your district, to wit, fifty light dra-
goons, one hundred artillery, and six hundred infan-
try, which you will have distributed among the dif-
ferent rendezvous in such manner as never to per-
mit them to be in want, but on the contrary that eve-
ry recruit may be put in complete uniform the mo-rjient he is enlisted.
I arn instructed, by the Secretary of War, to add,
that every officer employed on the recruiting service,
who shall neglect to make and forward the returns,
&c, required by the recruiting instructions, or fail to
use all due in'dustry in the discharge of the duties as-
signed him, will be struci?. from the rolls of the army.I am, Sir, very respectfully, your obedient servant,
T. H. GUSHING, Jdjt. Genl.
In addition to the above instructions, which youwill punctually observe, it is expected that you will
exercise the utmost correctness and punctuality in
making out and transmitting your statements and re-
turns, not only of recruits, but of all the clothing,
arms, accoutrements, and in short, every thing that
you receive for the use of the recruits under yourcommand. And if it shall so happen, that any offi-
cer employed on the recruiting service, shall neglect
to make and forv/ard the returns, &c. required bythe recruiting instructions, or fail to use all due in-
dustry in the discharge of the duties assigned him,he will be struck from the rolls of the army.
It is absolutely necessary that you keep distinct
and separate accounts under the head of Pay of the
Army and Bounties and Premiums, the vouchers or
receipts for its application must be kept separate anddistinct.
You have already a form of a Receipt for bounties
to recruits. The following is a form of a Receipt to
be taken from the recruit for his advance of pay,
which must accompany every enlistment
:
6
Received of this day of
1813, at in the state of New-York, twelvedollars in advance on account of my pay as a soldier
in the United States army, from the of
1813, the date of my enlistment. Signed duplicateR
hereof.
Dolls.TiT Witness.
AN ACT encreasing the Pay of the A^'en-Commis-sioned Officers, Musicians^ Privates and others ofthe Arjtuj) andfor other Purposes,
HE it enacted by the Senate and House of Refire-
sentatives of the United States ofAmerica, i7i Congress
assembled, That irom and after the 31st day of De-cember, 1812, the monthly pay of the non-commis-sioned officers, musicians, privates, drivers, bombard-iers, matrosses, sappers, miners, artificers, saddlers,
farriers, and blacksmiths, who have enlisted, or shall
hereafter enlist in the service of the United States,
shall, during the continuance of the war between the
United States of America and their territories, and the
United Kingdom of Great Britain and Ireland and the
dependencies thereof, be as follows, to wit : to eachsergeant major and quarter master sergeant, twelvedollars ; to each sergeant and principal musician,
eleven dollars ; to each corporal, ten dollars ; to eachmusician, nine dollars; to each private, driver, bom-bardier, matross, sapper, and miner, eight dollars
;
to each artificer, saddler, farrier, and blacksmith,
not attached to the quarter master general's andordnance department, thirteen dollars.
Sec. 2. And be itfurther enacted, That during the
continuance of the war with Great Britain, no non-
commissioned officer, musician, private, driver, bom-bardier, matross, sapper, miner, artificer, saddler^
farrier, or blacksmith, enlisted in the service of the
United States, during his continuance in service,
shall be arrested or subject to arrest, or to be taken
in execution for any debt contracted before or after
enlistment.
Sec. 3. And be it further eracted, That every
non-commissioned officer, musician and private, whoshall, alter the promulgation of this act, be recruited
in the regular army of the United States, may at hisI
7
option, to be made at the time of enlistment, engageto serve during the present war with Great Britain,
instead of the term of five years, and shall in case
he make such option, be entitled to the same bounty
in money and land, and to all other allowances, andbe subject to the same rules and regulations, as if
he had enlisted for the terra of five years.
Approved, Dec. 12, 1812. JAMES MADISON.
AN ACT Hufifilementary to the Act^ entitled '* JnAct for the more perfect organization of thp. Armij
of the United States^
BE it enacted by the Senate and House of Rep-re-
^sentatives of the United States ofAmerira^ in Congress
assembled^ That the President of the Uniied States
be, and he is hereby authorized, by and with the ad-
vice and consent of the Senate, to appoint one addi-
tional major to the first regiment of light dragoons,
the regiment of light artillery, each regiment of in-
fantry, and the rifle regiment, in the army of the
United States, who shall receive the like pay, rations,
forage, and other emoluments, as oflicers of the samegrade and corps of tiie present military establishment.
Sec. 2. And be it further enacted^ That there be
appointed in manner aforesaid, one third lieutenant,
to each troop or company, in the army of the UnitedStates, who, if of cavalry, or light dragoons, shall re-
ceive the monthly pay of thirty dollars, and of other
corps, twenty-three dollars, and be allowed the sameforage, rations and other emoluments as second lieu-
tenants of the same corps to which they belong.
Sec. 3. And be it further enacted^ That there be
allowed to each troop or company, in the army of the
United States, one additional sergeant, who shall re-
ceive the like pay, clothing, rations, and other emol-uments, as sergeants of the present military estab-
lishment.
Sec. 4. And be itfurther enacted^ That in order to
con]iplete the present military establishment to the
full number authorized by law, with the greatest pos-
sible dispatch, there shall be paid to each effective
able bodied man, who shall be duly enlisted into the
service of the United States, after the first day of
February next, to serve for the term of five years, or
8
during the war, an advance of twenty-four dollars onaccount of his pay, in addition to the existing boun-ty, one half of such advance to be paid at the enlist-
ment of the recruit, and the other half vi^hen he shall
be mustered, and have joined some military corps ofthe United States for service; and a bounty of onehundred and sixty acres of land, as heretofore estab-
lished by law.
Sec. 5. And be it further enacted^ That the com-missioned officers who shall be employed in the re-
cruiting service, shall be entitled to receive for everyeffective able bodied man, who shall be duly enlist-
ed after the first day of February next, by them, for
the term of five years, or during the war, and mus-tered, and between the ages of eighteen and forty-
five years, the sum of four dollars : Provided never-
theless, That this regulation, so far as respects theage of the recruit, shall not extend to musicians, orto those soldiers who may re-enlist into the service :
And firovided also. That no person under the age oftwenty-one years shall be enlisted by any officer, orheld in the service of the United States, without the
consent, in writing, of his parent, guardian or mas-ter, first had and obtained, if any he have ; and if anyofficer shall enlist any person contrary to the true in-
tent and m.eaning of this act, for every such offence
he shall forfeit and pay the amount of the bounty andclothing which the person so recruited may have re-
ceived from the public, to be deducted out of the payand emoluments of such officer.
Sec. 6. And be it further enacted. That it shall belawful for any person, during the time he may beperforming a tour of militia duty, to enlist in the
regular army of the United States; and the recruit-
ing officers are hereby authorized to enlist any suchperson in the same manner, and under the sameregulations, as if he were not performing such mili-
tia duty ; and every person who shall enlist, v/hile
performing a tour of militia duty as aforesaid, shall
be thereby exonerated from serving the remainder
of said tour ; and the state to which he may belong
shall not be required to furnish any other person to^
serve in his steucj. Approved, January 50, 181,
JAMES MADISON. y
Jn ACT in addition to the Act, entitled " An Act to raite
an additional Military Force" andfor other Purfioses,
Sec. 1. Be it enacted by the Senate and House ofRe-firesentatives of the United States ofAmerica in Congressassemhled^ That in addition to the present military estab-lishment of the United States, there be raised such num-ber of regiments of infantry, not exceeding twenty, as in
the opinion of the President may be necessary for the pub-lic service, to be enlisted for the term of one year, unlesssooner discharged.
Sec. 2. And be it further enacted^ That each of thesaid regiments shall consist of one colonel, one lieutenant
colonel, two majors, one adjutant, one pay master, onequarter master, one surgeon, two surgeons* mates, onesergeant major, one quarter master sergeant, two princi-
pal musicians, and ten companies.Sec. 3. And be itfurther enacted, That each compa-
ny shall consist of one captain, one first lieutenant, onesecond lieutenant, one third lieutenant, one ensign, five
sergeants, six corporals, two musicians, and ninety pri-
vates.
Sec. 4. And be it further enactedyThsLt it ahsL\\bt\B.w^
ful for the President of the United States in the recess ofthe senate to appoint such of the officers authorized by this
act, as may not be appointed during the present session ;
which appointments shall be submitted to the senate attheir next session for their advice and consent.
Sec. 5. yind be itfurther enacted. That all the officers,
non-commissioned officers, musicians and privates, author-ized by this act, shall receive the like pay, forage, rations,
clothing, and other emoluments, (land and bounty except-ed) as the officers of the same grade and corps, non-com-missioned officers, musicians and privates, of the presentmilitary establishment.
Sec. 6. ^nd be it further enacted. That the officers,
non-commissioned officers, musicians and privates, of theregiments hereby authorized to be raised, shall be govern-ed by the rules and articles of war, which have been es-
tablished by the United States in congress assembled, or
by such rules and articles as may be hereafter by law es-
tablished.
Sec. 7. And be it further enacted, That the commis-sioned officers, who shall be employed in recruiting the
force authorized by this act, shall be entitled to receive,
for every person enlisted by them into this service, for the
term specified, and approved by the commanding officers
of the regiment, and between the ages of eighteen and forty-
five years, the sum of two dollars. Provided, nevertheless^
That this regulation, so far as respects the age of the re-
cruit shall not extend to musicians, or to those soldiers
who may re-enlist into the service : ^nd firovided also^
That no person under the age of twenty-one years shall beenlisted by an ofllcer, or held in the service of the UnitedStates, without the consent in writing of his parent, guar-dian, or master, first had and obtahied, if any he have ;
and if any officer shall enlist any person contrary to thetrue intent and meaning of this act, for every such oiFence,
he shall forfeit and pay the amount of the bounty and clo-
thing which the person so recruited may have receivedfrom the public, to be deducted out of the pay and emolu^xnent of such officer. •
Sec. 8. ^nd be it further enacted^ That there shall beallowed and paid to each man recruited as aforesaid, abounty of sixteen dollars ; but the payment of eight dol-
lars of the said bounty shall be deferred until he shall bemustered and have joined some military corps of the Uni-ted States.
Sec. 9. jind be it further enacted^ That the said regi-
ments shall be paid in such manner, that the arrears shall
at no time exceed two months, unless the circumstance of
the case render it unavoidable.
Sec. 10. And be itfurther enacted^ That if any officer,
non-commissioned officer, musician or private, shall be dis-
abled by wounds or otherwise, while in the line of his du-ty in public service, he shall be placed on the list of inva-
lids of the United States, at such rate of pension and un-^
der such regulations as are or may be directed by law;
Provided always. That the compensation to be allowed fq
such wounds or disabilities, to a commissioned officer, shai
not exceed for the highest rate of disability half the montl^
ly pay of such officer at the time of his being disabled o
wounded ; and that no officer shall receive more thfin h^pay of a lieutenant colonel : and that the rate of compeasation to non-commissioned officers, musicians and private^
shall not exceed five dollars per month. And /irovide^
also. That all inferior disabilities shall entitle the persoi
so disabled to receive an allowance proportionate to thf
highest dioability.,]
Sec. 11. And be it further enacted^ That if any comjmissioned officer shall, while in the service of the Unite(
States, die, by reason of any wound received in actual ser;
vice of the United States, and leave a widow, a child o(
children, under sixteen years of age, such widow, or if n<
widow, such child or children, shall be entitled to anc
receive half the monthly pay to which the deceased wai
entitled at the time of his death, for and during the tern
of five years ; but in the case of the death or intermarri
age of such widow, before the expiration of the said term
of five years, the half pay for the remainder of the timi
shall go to the child or children of such deceased officer.
Provided always y That such half pay shall cease on thedecease of such child or children.
Sec. 12. jind be it further enacted^ That if any non-commissioned officer, musician or private, shall desert fromthe service of the United States, he shall in addition to thepenalties mentioned in the rules and articles of war, be li-
able to serve for and during such period as shall, with thetime he may have served previous to his desertion, amountto the full term of his enlistment ; and such soldier shall
and may be tried by a court martial and punished, al-
though the term of his enlistment may have elapsed pre-vious to his being apprehended or tried.
Sec. 13. And be itfurther eriactedy That every officer,
non-commissioned officer, musician and private, shall takeand subscribe the following oath or affirmation, to wit :
'* I,
^. B. do solemnly swear or affirm (as the case may be)that I will bear true faith and allegiance to the UnitedStates of America ; and that I will serve them honestlyand faithfully against their enemies or opposers whomso-ever ; and that I will observe and obey the orders of thePresident of the United States, and the orders of the of-
ficers appointed over me, according to the rules and arrtides of war."
Sec. 14. And be it further enactedy That where anycommissioned officer shall be obliged to incur any extraexpense, in travelling and sitting on general courts mar-tial, he shall be allowed a reasonable compensation for
such extra expense actually incurred, not exceeding onedollar and twenty-five cents per day to officers who arenot entitled to forage, and not exceeding one dollar perday to such as shall be entitled to forage.
Sec. 15. And be itfurther enactedy That whenever anyofficer or soldier shall be discharged from the service, ex-cept by way of punishment for any offence, he shall be al-
lowed his pay and rations, or an equivalent in money, for
such term of time as shall be sufficient for him to travel
from the place of discharge to the place of his residence,
computing at the rate of twenty miles to a day.
Sec. 16. And be it further enactedy That there shall
be appointed to each brigade one chaplain, who shall beentitled to the same pay and emoluments as a major in
the infantry.
Sec. 17. And be it further enactedy That no field or
staff officer, who may be appointed by virtue of this acr,
shall be entitled to receive any pay or emoluments until
he shall be called into actual service, nor for any longer
time than he shall continue therein.
Sec. 18. And bs itfurther enacted^ That the act, enti-
4
tied " An Act authorizing the President 'of the UnitStates to accept and organize certain volunteer militar
corps," and the act supplementary to the act entitled, " Aact authorizing the President of the United States to acceand organize certain volunteer military corps," be, and th
same are hereby repealed, from and after the hrst day i
February next ; Provided^ That nothing herein contains
shall be so construed as to deprive the officers and men \vl
may have entered the service as volunteers, under tl
said acts, of any rights, immunities, or privileges there
secured, or the United States of the services of such volmteers, agreeably to the provisions of the said acts.
II. CLAY.Speaker of the House of Hefiresentative^
Wm. H. CRAWFORD,President of the Senate Jiro tem/ion
Januaiy 29, 1813.
Approved, JAMES MADISON.
»4n ACT making Provision for an additional KiimhcrGeneral Officers.
Sec. 1. Be it enacted by the Senate and House of lieji-
resentatives of the United States of America in Congressassembled^ That the president be, and he is hereby au-
thorised by and with the advice and consent of the senate,
to appoint six major generals, in addition to those already
authorised by law ; each of whom shall be allowed twoaids de camp to be taken from the officers of the line, andsix brigadier generals, who shall be allowed a brigademajor, and one aid de camp, each to be taken also fnMnthe officers of the line.
Sec. 2. And be it further enacted. That the officer!
authorised by this act shall receive the same pay, foragerations, and other emoluments, as the officers of the saini
§rade of the present military establishment.
H. CLAY,Speaker of the House of Refiresentativ^
VVm. H. CRAWFORDPresident of the Senate^ pro. tenipoiy
February 24, 1813.
Approved, JAMES MADISON.
jln ACT to raise Ten additional Companie* of RangeA
Be it enacted by the Senate and House of BepreseHtatives of the United States of America in Cotigrcs
a*sembled. That the President of the United States b(
and he is hereby authoriaed, to raise ten additional coa
panics of rangers, on the same provisions, conditions andrestrictions as tliose authorised to be raised by *' An actauthorising the President of the United States to raise
certain companies of rangers for the protection of thefrontiers of the United States," which said companiesshall be in lieu of one of the regiments authorised to beraised by the act in addition to the act, entitled '* An actro raise an additional military force, and for other purpo-ses," passed the twenty-ninth day of January, one tiiou-
sand eight hundred and thirteen.
H.CLAY.Sfieaker of the House of R'efireaentatives*
Wm. H. CRAWFORD,President of the Senate ^ firo temfiore,
February 25, 1813.
Approved, JAMES MADISON.
jin ACT Sufiplementary to the Act, entitled " An Actto firovide for calling forth the Militia to execute the
Lawsy sufifiress Insurrections, and refiel Invasions,**
and to refieal the Act now inforcefor these Pur/ioses,
and to increase the Pay of Volunteer and Militia Corfis.
Sec. 1. Be it enacted by the Senate and House of Refi*resentatives of the United States of America in Con-gress assembled. That in every case in which a courtmartial shall have adjudged and determined a fine against
any officer, non-commissioned officer musician, or private,
of the militia, for any^of the causes specified in the act to
which this act is a supplement, or in the fourth section of
an act, entitled, *' An act to authorize a detachment fromthe militia of the United States ;" all such fines so assess-
ed shall be certified to the comptroller of the treasury
of the United States, in the same manner as the act to
which this is a supplement directed the same to be certi-
fied to the supervisor of the revenue.
Sec. 2. And be itfurther enacted. That the marshalsshall pay all fines which have been levied and collected bythem or their respective deputies, under the authorities
of the acts herein referred to, into the treasury of the U.States, within two months after they shall have received
the same, deducting five per centum for their own trou-
ble ; and in case of failure, it shall be the duty of the comp-troller of the treasury to give notice to the district attor-
ney of the United States, who shall proceed against the
said marshal in the district court by attachment for re*
covery of the same.Sec. 3. And be it further enacted. That the commis-
sioned -officers, musicians and privates of the volunteer
and militia corps, who, subsequent to the thirty-first dayof December, eighteen hundred and twelve, shall havebeen or may hereafter be called out, while in the service
of the United, States, shall, during the continuance of thepresent war between the United Kingdom of Great Bri-
tain and Ireland and the dependencies thereof and the
United States of America, and their territories, be enti-
tled to and receive the same monthly pay, rations andforage, and be furnished with the same camp equipageas are or may be provided by law for the non-commission-ed officers, musicians and privates, of the army of the Uni-ted States. H. CLAY,
Speaker of the House of Refiresentatives.
Wm. H. CRAWFORD.President of the Senate, firo tempore.
February 2, 1813.
Approved, JAMES MADISON.
An ACT for the better Organization of the GeneralStaff of the Jirmy of the United States.
Sec. 1. Be it enacted by the Senate and House ofRefiresentatives of the United States ofAmerica in Con-gress assembled. That the adjutant general's, inspector,
general's and quarter master general's departments shall^
consist of the following officers, that is to say : an adjutant"and inspector general with the rank, pay and emolumentsof a brigadier general, and not exceeding eight adjutantsgeneral, sixteen assistant adjutants general, eight topo-
graphical engineers, eight assistant topographical engi-
neers, eight inspectors general, sixteen assistant inspectors
general, eight quarter masters general, eight deputyquarter masters general, and thirty-two assistant deputy-
quarter masters general.
Sec. 2. And be it further enacted. That the president
of the United States be and he is hereby authorised, if heshall deem it expedient, to assign one of the brigadiers
general to the principal army of the United States whoshall in such case act as adjutant and inspector general,
and as chief of the staff* of such army : and the quartermaster general attached to the principal army shall asheretofore have the brevet rank and the pay and emolu-ments of a brigadier general.
Sec. 3. And be it further enacted. That all the other
adjutants general shall have the brevet rank and the pa/and emoluments of a colonel of cavalry ; all the other
inspectors general and quarter masters general shall havethe brevet rank and the pay and emoluments of a colonel
of infantry ; the assistant adjutants general, assistant in-
spectors general, deputy quarter masters general andtopographical engineers shall have the brevet rank andthe pay and emoluments of a major of cavalry ; and the
assistant topographical engineers, and assistant deputyquarter masters general shall have the brevet rank andthe pay and emoluments of a captain of infantry.
Sec. 4. jlnd be it further enactedy That the assistant
adjutants general, the assistant inspectors general, and the
assistant topographical engineers shall be taken from the
line. The adjutants general, inspectors general, quartermasters general, deputy quarter masters general, topo-
graphical engineers and assistant deputy quarter mastersgeneral may be taken from the line or not as the presi-
dent may deem expedient. And officers taken from the
line and transferred to the staff shall receive only the payand emoluments attached to the rank in the staff; but
their transfer shall be without prejudice to their rank andpromotion in the line according to their said rank andseniority ; which promotion shall take place according to
usage in the same manner as if they had not been thustransferred.
Spc. 5. And be itfurther enactedyT^idX it shall be the du-ty of the secretary of the war department, and he is herebyauthorised to prepare general regulations better defining
and prescribing the respective duties and powers of theseveral officers in the adjutant general, inspector general,
quarter master general and commissary of ordnance de-partments, of the topographical engineers, of the aids of
generals, and generally c>f the general and regimentalstaff : which regulations when approved by the presidentof the United States shall be respected and obeyed until
altered or revoked by the same authority. And the saidgeneral regulations thus approved, shall be laid beforecongress at their next session.
Sec. 6. jlnd be it further enacted. That the numberof assistant deputy commissaries of ordnance shall not ex-ceed sixteen, and that they shall respectively be entitled to
the brevet rank and to the pay and emoluments of a first
lieutenant of infantry.
Sec. T. jind be it further enacted. That for the bettersuperintendence and management of the hospital andmedical establishments of the army of the United States,
there shall be a physician and surgeon general, with anannual salary of two thousand five liundred dollars, andan apothecary general, with an annual salary of eighteenhundred dollars ; whose respective duties and powersshall be prescribed by the president of the United States,
Sec. 8. Jnd be it further enactedy That the forage,
waggon, and barrack masters shall be appointed as here-*
tofore ; but each quarter master general attached to an]
separate army, command or district shall be authorise^
•with the approbation and under the direction of the secretary of the war department, to appoint as many such of
ficers and to employ as many artificers, mechanics an<
laborers, as the public service may require.
Sec. 9. And be it further enacted^ That the assistan
deputy quarter masters general may be appointed, an<
officers taken from the line, and transferred to the stafl
may be thus transferred by the President of the Unites
States alone. But all other new appointments authorise!
by this act shall be made by the President of the Unites
States, with the advice and consent of the senate : Providedj That during the recess of the senate such appointments may be made by the President alone, in whici
case the same shall be laid before the senate at their ncxsession for their advice and consent.
Sec. 10. And be it further enacted^ That every act, anevery part of any act of congress now in force, within th?purview and meaning of this act, be and the same arehereby repealed.
Sec! 1 1. And be it further enacted^ That all letters andpackets to and from the adjutant and inspector general,
adjutants general, inspectors general, quarter mastersgeneral, commissary general of ordnance, physician andsurgeon general and apothecary general, which relate to
their official duties, shall be free from postage.
Sec. 12. And be it further enacted. That the President
of the United States be and he is hereby authorised to
appoint any of the officers authorised by an act, entitled*' An act making provision for an additional number of
general officers," passed the twenty-fifth day of February,one thousand eight hundred and thirteen, during the re-
cess of the senate, to be submitted to the senate at their
next session for their advice and consent ; and that ncofficer appointed, or who may be appointed, by virtue of
the aforesaid act, shall be entitled to receive any pay or
emolument, until he shall be called into actual servica
nor for any longer time than he shall be continued therei^
H. CLAY,Sfieaker of the House of Refiresentative\
Wm. H. CRAWFORD,President of the Senate pro temfioi
March 3, 1813.
Approved, JAMES MADISON.
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